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PAYNE v. NSH COMMUNITY SERVS., INC.

Index No. 160955/13. Appeal No. 15455. Case No. 2021-00478.

203 A.D.3d 546 (2022)

165 N.Y.S.3d 494

2022 NY Slip Op 01882

James Payne, Respondent, v. NSH Community Services, Inc., et al., Respondents-Appellants, and Peter Scalamandre & Sons, Inc., Appellant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Farmingdale ( Beth L. Rogoff-Gribbins of counsel), for appellant-respondent.

Dopf, P.C., New York ( Martin B. Adams of counsel), for respondents-appellants.

Brody, O'Connor & O'Connor, Northport ( Michael I. Feiner of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

Plaintiff James Payne and his coworkers were traversing a rebar mat to exit a parking garage during their coffee break. The rebar mat had just been installed in the garage under construction. The mat is a latticework of rebars whose purpose is to reinforce the concrete that will be poured later to form a ramp leading to the ground level of the garage. Scalamandre's subcontract with Turner required it to provide a "solid walking surface" over the rebar mat if the rebar mat...

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