VALBUENA v. 650 MADISON AVE. OWNER, LLC

Index No. 156064/15. Appeal No. 13094. Case No. 2020-01448.

191 A.D.3d 493 (2021)

138 N.Y.S.3d 314

2021 NY Slip Op 00820

German Valbuena et al., Plaintiffs, v. 650 Madison Avenue Owner, LLC, et al., Appellants-Respondents, and Americon Construction, Inc., Respondent-Appellant, et al., Defendant.

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

Decided February 9, 2021.


Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Kevin M. Ryan of counsel), for appellants-respondents.

Havkins Rosenfeld Ritzert, LLP, Mineola ( Gail L. Ritzert of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.


Plaintiff testified that he cleaned and removed paint chips from the upper half of a window on the 25th floor of Owner's building while standing on a radiator, and then attempted to descend to the floor to clean the lower half of the window when he tripped on duct tape on the radiator and fell to the floor. He was employed by a nonparty company directly retained by Owner, and his work was specifically excluded from the scope of Americon's work pursuant to its separate contract...

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