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CRUZ v. NATIONAL CONVENTION SERVS., LLC

156230/16. Appeal No. 13816. Case No. 2020-02503.

194 A.D.3d 477 (2021)

148 N.Y.S.3d 203

2021 NY Slip Op 02981

David Cruz, Appellant, v. National Convention Services, LLC, Respondent.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Kuharski Levitz Giovinazzo, Staten Island ( Lonny Levitz of counsel), for appellant.

Law Office of Kevin J. Philbin, New York ( Jonathan R. Walsh of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

Plaintiff sued defendant National Convention Services, LLC (National) to recover damages for injuries he sustained on October 11, 2015 at the Jacob K. Javits Convention Center (Javits Center), in Manhattan. At the time of the accident, plaintiff was employed by the New York Convention Center Operating Corporation (NYCCOC), which operates Javits Center. Plaintiff's theory of liability is that while carpenters Vincent Torres and Anthony Scura were disassembling nonparty Bluefin...

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