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STOCKTON v. H&E BIFFER ENTERS. NO. 2, LLC

2017-11254. Index No. 70031/14.

196 A.D.3d 709 (2021)

148 N.Y.S.3d 708

2021 NY Slip Op 04568

Gawayne J. Stockton et al., Appellants, v. H&E Biffer Enterprises No. 2, LLC, et al., Respondents.

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

Decided July 28, 2021.

Attorney(s) appearing for the Case

McMahon & McCarthy, Bronx, NY ( Matthew J. McMahon and Kevin T. McCarthy of counsel), for appellants.

Lewis Johs Avallone & Aviles, LLP, Islandia, NY ( Michael T. Colavecchio , Amy E. Bedell , and John B. Saville of counsel), for respondents.

Dillon, J.P., Miller, Barros and Connolly, JJ., concur.

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

The plaintiff Gawayne J. Stockton (hereinafter the injured plaintiff), a mechanic employed by a nonparty HVAC company, allegedly sustained injuries after falling off a ladder while performing a non-emergency service call at the defendant Anthony Scicchitano Italian Pork Store of Jefferson Valley, Inc. (hereinafter the Pork Store). The injured plaintiff...

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