DIAZ v. HHC TS REIT LLC

Index No. 300530/13. Appeal No. 13699. Case No. 2020-03363.

193 A.D.3d 640 (2021)

147 N.Y.S.3d 35

2021 NY Slip Op 02597

Rafael Diaz, Respondent, v. HHC TS Reit LLC et al., Respondents-Appellants. HHC TS Reit LLC et al., Third-Party Plaintiffs-Respondents-Appellants, v. SJ Electric, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Lorin A. Donnelly of counsel), for appellant-respondent.

Pillinger Miller Tarallo , New York ( William R. Pirk of counsel), for respondents-appellants.

Edelman & Edelman, P.C., New York ( Paul H. Maloney of counsel), for respondent.

Concur—Webber, J.P., Singh, González, Shulman, JJ.


Plaintiff, a concrete worker, was injured by metal conduit pipes that toppled onto his head and shoulders as he stood trying to pull a four-by-eight-foot plywood form out of a space between a scaffold and a large building support column. There is unrebutted evidence that the metal pipes, which were four inches in diameter and approximately 8 to 12 feet in length, were resting vertically, unsecured, against the column. Although plaintiff's work did not involve the pipes, and...

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