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PENA v. INTERGATE MANHATTAN LLC

Index Nos. 154441/17, 595531/17. Appeal No. 13848. Case No. 2020-03293.

194 A.D.3d 576 (2021)

2021 NY Slip Op 03261

Juan Pena, Appellant-Respondent, v. Intergate Manhattan LLC et al., Respondents-Appellants, and Greg Beeche Logistics, LLC, Defendant/Third-Party Defendant-Respondent, et al., Defendant. American Industries Corp. of New York, Third-Party Plaintiff-Respondent-Appellant.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant-respondent.

Law Offices of Kevin P. Westerman, Elmsford ( Michael L. Safranek of counsel), for respondents-appellants.

Wood Smith Henning & Berman LLP, New York ( Kevin T. Fitzpatrick of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

On the day of the accident plaintiff was working as a glazier on the faÇade of a building in downtown Manhattan from a motorized scaffold. The vertical movement of the motorized scaffold was controlled by a power cord that stretched approximately 500 feet long and weighed approximately 300-400 pounds. Plaintiff asserts that this power cord fell from above the scaffold and struck his arm. The scaffold structure was designed...

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