MASMALAJ v. NEW YORK CITY ECONOMIC DEV. CORP.

2017-08536. Index No. 7555/14.

197 A.D.3d 1292 (2021)

154 N.Y.S.3d 111

2021 NY Slip Op 05119

Albert Masmalaj, Respondent, v. New York City Economic Development Corporation et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided September 29, 2021.


Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., New York, NY ( Sim Shapiro of counsel), for appellants.

Lipsig, Shapey, Mans & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for respondent.

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


Ordered that the order is affirmed, with costs.

The defendant West Rac Contracting Corp. (hereinafter West Rac) was the general contractor on the construction of a building at a property owned by the defendant City of New York. The plaintiff was employed by a carpentry subcontractor and, at the time of the accident, his assigned work required him to stand on a Baker scaffold to install ceiling tracks on a 10- to 12-foot ceiling. As the plaintiff was attempting to...

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