KAUFMAN v. CAPITAL ONE BANK (USA) N.A.

162373/14. Appeal No. 12304. Case No. 2020-01354.

188 A.D.3d 461 (2020)

131 N.Y.S.3d 887

2020 NY Slip Op 06394

Edward Kaufman et al., Respondents, v. Capital One Bank (USA) N.A. et al., Appellants.

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

Decided November 10, 2020.


Plaintiff, the only person working on a gut renovation project in a vacant building on the day of the accident, was allegedly pushing a dumpster with four wheels on a "ramped," "uneven" part of the floor leading to a "door saddle," in an attempt to move the dumpster out of the building through the front door, when one of the wheels became caught on the saddle, causing the dumpster to...

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