FISCINA v. BORO RUG & CARPET WAREHOUSE CORP.

2019-03573. Index No. 10378/15.

195 A.D.3d 998 (2021)

2021 NY Slip Op 04121

Patricia Fiscina, Respondent, v. Boro Rug & Carpet Warehouse Corp., Appellant, and St. James Realty NY, LLC., Respondent, et al., Defendants.

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

Decided June 30, 2021.


Attorney(s) appearing for the Case

Litchfield Cavo, LLP, New York, NY ( Justin T. Shain of counsel), for appellant.

Winkler Kurtz, LLP, Port Jefferson Station, NY ( Jason W. Hake of counsel), for plaintiff-respondent.

LaSalle, P.J., Hinds-Radix, Connolly and Christopher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

In April 2014, the plaintiff allegedly sustained injuries when she tripped and fell over a raised piece of carpeting that was being installed in front of an elevator at her place of employment. The carpet was being installed as part of a renovation project. The defendant Icon Interior Design, Inc. (hereinafter Icon), the general contractor on the project, subcontracted the carpet installation...

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