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NAVEDO v. VNO 225 W. 58TH STREET LLC

159423/16. Appeal No. 15409. Case No. 2021-03315.

203 A.D.3d 406 (2022)

164 N.Y.S.3d 564

2022 NY Slip Op 01272

Walter Navedo et al., Respondents, v. VNO 225 West 58th Street LLC et al., Respondents-Appellants, and S.J. Electric, Inc., Appellant-Respondent/Third-Party Defendant-Appellant-Respondent. VNO 225 West 58th Street LLC et al., Third-Party Plaintiffs-Respondents-Appellants.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Coffey Modica O'Meara LLP, White Plains ( Sofya Uvaydov of counsel), for appellant-respondent.

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

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondents.

Concur—Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.

Plaintiff Walter Navedo was electrocuted while working on the 40th floor of a building under construction. As he rose from a kneeling position in which he had been taking measurements for a curtain wall, he took hold of a safety cable that ran along the perimeter of the building. The safety cable was not designed to carry an electric charge.

Third-party defendant subcontractor Electric, which provided temporary electrical power on all floors above the 11th for use...

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