RIVAS v. NESTLE REALTY HOLDING CORP.

304599/15. Appeal No. 12260. Case No. 2019-03632.

188 A.D.3d 430 (2020)

131 N.Y.S.3d 871

2020 NY Slip Op 06368

Gustavo Rivas, Respondent, v. Nestle Realty Holding Corp. et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 5, 2020.


Plaintiff met his initial burden of proof by submitting evidence that he fell to the ground when he placed his foot on the top step of a recently constructed stairway leading to the elevated deck where he was to perform his work. He testified that the stairway was the sole means of access to his work area. According to plaintiff, the stairway was unfinished and lacked handrails and supports under each step. Plaintiff testified that the top step became detached from the stairway...

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