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McEACHERN v. EXTELL DEV. CO.

Index No. 150704/15. Appeal No. 14583. Case No. 2020-02678.

199 A.D.3d 464 (2021)

154 N.Y.S.3d 222

2021 NY Slip Op 06093

James McEachern et al., Appellants, v. Extell Development Company et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellants.

Malapero Prisco & Klauber LLP, New York ( Stephanie Tebbett of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

Plaintiff James McEachern (plaintiff) was injured when he attempted to gain access to the interior of a fuel tank room in a building under construction by stepping on an oil barrel to descend the four-foot distance between a hatch door and the floor of the room.

Plaintiffs made a prima facie showing that defendants did not provide adequate safety devices for gaining access to the fuel tank room, and in opposition defendants...

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