LARA v. KADIR

Index No. 26919/19E. Appeal No. 15149. Case No. 2021-03901.

201 A.D.3d 590 (2022)

162 N.Y.S.3d 327

2022 NY Slip Op 00504

Jaime Giovanni Pincay Lara, Respondent, v. Abdul Kadir, Appellant.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Goldberg, Miller & Rubin, P.C., New York ( Warren Holland of counsel), for appellant.

Law Office of Ryan S. Goldstein, PLLC, Bronx ( Ryan S. Goldstein of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.


Defendant, who owned the home in which plaintiff was injured, hired a nonparty contractor to replace an old staircase leading from the first floor to the basement. During the construction of the new staircase, plaintiff, who was employed by the contractor, stepped on a two-by-four that was holding the stairs in place against the wall; the wood broke and a screw sticking out of it injured plaintiff's lower leg.

First, defendant established prima facie that he did not...

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