DIGIROLOMO v. 160 MADISON AVE LLC

Index No. 23865/14E. Appeal No. 13949. Case No. 2020-04022.

194 A.D.3d 640 (2021)

144 N.Y.S.3d 567

2021 NY Slip Op 03371

Christopher Digirolomo et al., Respondents, v. 160 Madison Ave LLC et al., Respondents, and Parkview Plumbing & Heating, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York ( Michael J. Kozoriz of counsel), for appellant.

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for Christopher Digirolomo and Arelis Digirolomo, respondents.

Fullerton Beck LLP, White Plains ( Edward J. Guardaro, Jr. of counsel), for 160 Madison Ave LLC and M.D. Carlisle Construction Corp., respondents.

Litchfield Cavo LLP, New York ( Christopher H. Sommer of counsel), for New York City Acoustics, Inc., respondent.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.


The record demonstrates conclusively that Parkview cannot be held liable to plaintiffs under Labor Law § 200 or in common-law negligence. It shows that the floor penetration on which plaintiff Christopher Digirolomo tripped was covered when Parkview last worked in the area of the accident, during the week before; that the floor penetration was covered when the site safety contractor inspected the area on the day before and the day of the accident; and that Parkview was...

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