MEDOUZE v. PLAZA CONSTR. LLC

Index No. 160202/17. Appeal No. 14593. Case No. 2021-00432.

199 A.D.3d 465 (2021)

154 N.Y.S.3d 232

2021 NY Slip Op 06094

Malcolm Medouze, Respondent, v. Plaza Construction LLC et al., Appellants.

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

Decided November 9, 2021.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellants.

Kenneth J. Gorman , New York, for respondent.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.


Plaintiff, working with several coworkers, was standing on the back of a flatbed truck, lifting a 200- to 300-pound bundle of metal frames so that it could be unloaded onto a loading dock. Plaintiff stepped atop another bundle of frames that remained on the back of the truck, and as he was lifting his side of the bundle, a wooden dunnage securing the frames broke, causing them to bow in the middle and fall. The bundle pulled plaintiff down as he attempted to hold onto it...

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