DaSILVA v. TOLL FIRST AVE., LLC

452797/15. Appeal No. 14656. Case No. 2020-04664.

199 A.D.3d 511 (2021)

157 N.Y.S.3d 423

2021 NY Slip Op 06438

Marcos DaSilva et al., Respondents, v. Toll First Avenue, LLC, et al., Appellants-Respondents, et al., Defendants. Toll First Avenue, LLC, et al., Third-Party Plaintiffs-Appellants-Respondents, v. Casino Development Group, Inc., Third-Party Defendant-Respondent-Appellant.

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( Yolanda L. Ayala of counsel), for appellants-respondents.

Linton Robinson & Higgins, LLP, New York ( Saryah Sober of counsel), for respondent-appellant.

Law Offices of Lawrence Perry Biondi, Garden City ( Lisa M. Comeau of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.


Plaintiff DaSilva (plaintiff) was injured when he fell off an unsecured wooden plank while constructing a hollow rectangular structure that would serve as the framework for the pouring of concrete columns. He testified that his coworkers placed unsecured wooden planks across the horizontal beams of the structure to allow him to cross the beams and place heads on the tops of the vertical posts at the corners of the structure and that one of the planks flipped while he was...

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