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GUAMAN v. 178 CT. ST., LLC

2019-09432. Index No. 713607/16.

200 A.D.3d 655 (2021)

159 N.Y.S.3d 454

2021 NY Slip Op 06676

Fausto Guaman, Appellant-Respondent, v. 178 Court Street, LLC, Respondent, and Dynatec Contracting, Inc., Respondent-Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Oresky & Associates, PLLC, Bronx, NY ( Payne Tatich , Jacob Oresky , and John Nonnenmacher of counsel), for appellant-respondent.

Hannum Feretic Prendergast & Merlino, LLC, New York, NY ( Michael J. White of counsel), for respondent-appellant.

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Nicholas M. Vevante of counsel), for defendant-respondent.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff allegedly sustained personal injuries when, while working on a construction project inside a building, he fell through an uncovered opening at a stairwell in the unfinished second floor. At the time of the alleged accident, the defendant 178 Court Street, LLC, owned the property, and the defendant Dynatec Contracting, Inc. (hereinafter Dynatec...

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