PALERMO v. 7 WEST 21 LLC

154656/16. Appeal No. 13403. Case No. 2020-02283.

192 A.D.3d 560 (2021)

2021 NY Slip Op 01726

Frank Palermo, Appellant, v. 7 West 21 LLC et al., Respondents.

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

Decided March 23, 2021.


Attorney(s) appearing for the Case

Sackstein Sackstein & Lee, Garden City ( Michael H. Zhu of counsel), for appellant.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York ( Roksolana Krasovitskaya of counsel), for respondents.

Concur—Webber, J.P., Oing, Kennedy, Scarpulla, JJ.


Plaintiff's accident occurred while he was carrying a wood form used to mold concrete, measuring 3 feet by 3 feet wide and 8 feet by 12 feet long and weighing 175 to 200 pounds, with a coworker. Plaintiff and the coworker had just pried off the wood form from the wall. The coworker asked plaintiff to stop for a moment so that he could place his end of the wood form down in order to clear some debris from his feet. Plaintiff stopped...

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