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DOUGHERTY v. 359 LEWIS AVE. ASSOC., LLC

2019-05927. Index No. 515902/16.

191 A.D.3d 763 (2021)

142 N.Y.S.3d 92

2021 NY Slip Op 00835

Richard Dougherty, Respondent, v. 359 Lewis Avenue Associates, LLC, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus (Gannon, Rosenfarb & Drossman, New York, NY [ Lisa L. Gokhulsingh ], of counsel), for appellant.

Gair, Gair, Conason, Rubinowitz, Bloom, Hersenhorn, Steigman & Mackauf, New York, NY ( Christopher J. Donadio of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 18, 2016, the plaintiff allegedly was injured when he was conducting an inspection of a building owned by the defendant. The plaintiff was standing atop a 16 3/8 inch wide platform on the fourth floor of the fire escape when he fell through the stairway opening, which did not have a guardrail, and landed on the third floor platform of the fire escape. The plaintiff...

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