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ERBY v. 36 LLC

Index No. 161985/15. Appeal No. 13490. Case No. 2020-04169.

193 A.D.3d 412 (2021)

146 N.Y.S.3d 245

2021 NY Slip Op 02065

Baron Erby, Appellant, v. 36 LLC et al., Respondents.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( D. Allen Zachary of counsel), for appellant.

Bartlett LLP, Central Islip ( David C. Zegarelli of counsel), for respondents.

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

Plaintiff testified that he was standing on the fourth rung of an A-frame ladder, which he had set up on a solid and clean part of the floor and had been using without incident, directly under an air-conditioning unit, while attempting to follow his foreman's instructions by connecting a "canvas" device to air-conditioning duct work, when the air-conditioning unit fell onto his head, causing him to fall off the ladder onto the...

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