MEJIA v. UNIQUE DEV. HOLDING CORP.

Index No. 20675/16E. Appeal No. 12447. Case No. 2020-01335.

188 A.D.3d 574 (2020)

136 N.Y.S.3d 245

2020 NY Slip Op 06863

Santos Mejia, Respondent, v. Unique Developers Holding Corp, Defendant, Certified Lumber Corporation, Doing Business as Certified Lumber & Home Center, Respondent, and Montrose Park, LLC, Appellant.

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

Decided November 19, 2020.


Plaintiff sustained injuries when a load of lumber fell from a pallet that was being hoisted onto the roof of a newly constructed five-story apartment building. While plaintiff was signaling to the boom truck driver where to lower the load, the metal bands securing the lumber "burst," causing the lumber to fall, and a piece to rebound off the floor and strike plaintiff. Defendant Montrose owned the building, Unique Developers Holding, Inc. (Unique) was the general contractor...

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