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BULUX v. MORAN

2019-01298. Index No. 563/16.

189 A.D.3d 761 (2020)

135 N.Y.S.3d 148

2020 NY Slip Op 07158

Santos Bulux, Respondent, v. Wilfredo Moran et al., Defendants, William Sullivan, Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for appellant.

Lipsig Shapey Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Melissa B. Ringel ], of counsel), for respondent.

Balkin, J.P., Roman, Barros and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

In September 2015, the plaintiff, a roof mechanic employed by Diplomat Construction Company, was working at premises owned by the defendant William Sullivan (hereinafter the defendant). While using a nail gun to attach plywood to the beams on the roof of the premises, the plaintiff slipped and fell. As the plaintiff fell, he shot himself in the knee with the nail gun. The...

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