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PIMENTA v. 1504 CIA, LLC

2019-08169. Index No. 502843/15.

197 A.D.3d 670 (2021)

153 N.Y.S.3d 129

2021 NY Slip Op 04726

Mirson Pimenta, Appellant-Respondent, v. 1504 CIA, LLC, et al., Respondents-Appellants.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Law Offices of Lawrence Perry Biondi P.C. ( Lisa M. Comeau , Garden City, NY, of counsel), for appellant-respondent.

Wilson Elser Moskowitz & Dicker LLP, New York, NY ( Judy C. Selmeci and Eugene T. Boulé of counsel), for respondents-appellants.

Chambers, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On August 11, 2014, the plaintiff, then a 42-year-old construction worker, was injured on the job while bending over to pick up some materials from the floor when an aluminum ladder fell over and hit him in the back, causing his arms and knees to strike the ground. As a result of the accident, the plaintiff allegedly...

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