BERRY v. VIAD CORP.

2018-04741. Index No. 506771/15.

199 A.D.3d 632 (2021)

155 N.Y.S.3d 437

2021 NY Slip Op 05943

Antonio Berry, Appellant, v. Viad Corp. et al., Respondents.

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

Decided November 3, 2021.


Attorney(s) appearing for the Case

Sim & Record, LLP, Bayside, NY ( Sang J. Sim of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, New York, NY ( Jacqueline Mandell and Jason D. Lewis of counsel), for respondents.

Mastro, J.P., Austin, Duffy and Connolly, JJ., concur.


Ordered that the judgment is affirmed, with costs.

On December 10, 2014, the plaintiff, a forklift operator employed by nonparty Jacob K. Javits Convention Center, allegedly sustained injuries when he was struck by an unattended freight cart that rolled down a pedestrian handicap ramp. At the time of the accident, the plaintiff was assisting the defendant Global Experience Specialists, Inc. (hereinafter GES), in removing its trade show materials and equipment from...

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