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IXCOY v. PAVLOU

Index No. 302679/15. Appeal No. 12632. Case No. 2019-04176.

189 A.D.3d 542 (2020)

133 N.Y.S.3d 819

2020 NY Slip Op 07498

Romeo Sontay Ixcoy, Respondent, v. Christine Pavlou, as Trustee of the Christine Pavlou Trust Dated Sept. 13, 2006, et al., Appellants.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

The Law Office of Aaron M. Schlossberg, P.L.L.C., New York ( Aaron Schlossberg of counsel), for Christine Pavlou, appellant.

Jacobson & Schwartz, LLP, Jericho ( Henry J. Cernitz of counsel), for Dafni Grocery Inc., and Dafni Grocery Inc., doing business as Swan Deli, appellants.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Plaintiff was injured when, while cleaning an exterior exhaust fan on the unsecured, angled roof of a commercial premises, without any safety device, he slipped on ice which had formed on the rooftop, and fell approximately 12 feet to the ground. The work plaintiff and his coworker were engaged in required the use of a rope, pressure hose, pistol gun and chemicals, and prior to the accident plaintiff had received training as to the proper cleaning procedure.

The motion...

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