BERKOVICH v. JUDLAU CONTR., INC.

Index No. 151498/19. Appeal No. 15513. Case No. 2021-02004.

203 A.D.3d 507 (2022)

161 N.Y.S.3d 759

2022 NY Slip Op 01733

Albert Berkovich, Respondent, v. Judlau Contracting, Inc., et al., Defendants, and Kone, Inc., et al., Appellants.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Ansa Assuncao LLP, White Plains ( Thomas O. O'Connor of counsel), for appellants.

Alexander J. Wulwick , New York, for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.


Plaintiff was injured when working on an escalator at the South Ferry subway station in Manhattan. He alleges that while he was working in the "pit" at the escalator's base, the escalator began moving at high speed without warning and without intentional human intervention, catching his right foot in the mechanism and causing injuries requiring the amputation of a portion of his leg.

Defendants contend that plaintiff's answers to certain interrogatories directed to...

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