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LEMACHE v. MIP ONE WALL ST. ACQUISITION, LLC

Index No. 158212/16. Appeal No. 12530. Case No. 2020-01429.

190 A.D.3d 422 (2021)

2021 NY Slip Op 00019

Luis Lemache, Appellant, v. MIP One Wall Street Acquisition, LLC, et al., Respondents.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Silberstein Awad & Miklos, P.C., Garden City ( Daniel P. Miklos , of counsel), for appellant.

Cartafalsa, Turpin & Lenoff, New York ( Michael J. Lenoff of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

Plaintiff was injured while employed by nonparty Titan Industrial Corporation (TIC) when a pipe rolled onto his foot. On the day of the accident, plaintiff's foreman instructed plaintiff and his two coworkers to insert some pipes under a concrete planter to relocate it. Plaintiff and his coworkers were pushing and pulling the planter from the sides, while the foreman was pushing it with a bobcat, when one of the pipes rolled over...

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