BALCAZAR v. COMMET 380, INC.

Index Nos. 151191/14, 595256/14. Appeal No. 14550. Case No. 2021-00052.

199 A.D.3d 403 (2021)

158 N.Y.S.3d 1

2021 NY Slip Op 06030

Carlos Balcazar, Plaintiff, v. Commet 380, Inc., et al., Respondents. Commet 380, Inc., et al., Third-Party Plaintiffs-Respondents, v. The Ergonomic Group, Inc., et al., Third-Party Defendants-Appellants.

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

Decided November 4, 2021.


Attorney(s) appearing for the Case

Law Office of Victoria A. Turchetti, New York ( Richard T. Bogle of counsel), for The Ergonomic Group, Inc., appellant.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac of counsel), for Q International Courier, Inc., appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York ( David P. Feehan of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.


Plaintiff fell off a ladder while performing electrical work during a project involving the removal of computer equipment and furniture from the fourth floor of 380 Madison Avenue, after a tenant, nonparty Investment Technology Group (ITG), vacated several floors of the building. The room in which plaintiff was working was a large communication room with a raised floor. The floor was raised to provide space for the cables and wires of the computer equipment to run through...

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