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LOCKE v. URS ARCHITECTURE & ENG'G-N.Y., P.C.

Index No. 151471/13. Appeal No. 15274. Case No. 2020-03262.

202 A.D.3d 505 (2022)

2022 NY Slip Op 00941

Michael Locke et al., Respondents, v. URS Architecture & Engineering-New York, P.C., et al., Appellants-Respondents, Crescent Contracting Corp., Respondent-Appellant, and Tri-Rail Construction, Inc., Respondent. (And Third-Party Actions.).

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, New York ( Kevin G. Mescall of counsel), for appellants-respondents.

Wade Clark Mulcahy, LLP, New York ( Marium Sulaiman of counsel), for respondent-appellant.

The Ruth E. Bernstein Law Firm, New York ( Ruth E. Bernstein of counsel), for Michael Locke and Monica Locke, respondents.

Correia, King, McGinnis & Liferiedge, White Plains ( Laura R. Efrati of counsel), for Tri-Rail Construction, Inc., respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Plaintiffs seek to recover for injuries that the injured plaintiff allegedly sustained when he slipped and fell on soapy water on the floor of the restroom designated by URS, the construction manager at the worksite, for use by construction workers. The designated bathroom was near the staging area where contractors had placed shanties for the workers to use. According to plaintiff's deposition testimony, he regularly informed...

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