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WALDRON v. CITY OF NEW YORK

Index No. 151927/14. Appeal No. 15539. Case No. 2021-00160.

203 A.D.3d 565 (2022)

162 N.Y.S.3d 700

2022 NY Slip Op 01892

Thomas Waldron, Appellant, v. City of New York et al., Respondents, et al., Defendants. City of New York et al., Third-Party Plaintiffs-Respondents, v. Eaton Electric, Inc., Third-Party Defendant-Respondent.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Constantinidis & Associates, P.C., Long Island City ( Steven T. Lane of counsel), for appellant.

Gallo Vitucci Klar LLP, Woodbury ( Dylan R. Prior of counsel), for The City of New York, New York City Transit Authority, The Metropolitan Transportation Authority, MTA Capital Construction Company and Judlau Contracting Inc., respondents.

Camacho Mauro Mulholland, LLP, New York ( Anthony J. Buono of counsel), for Eaton Electric Inc., respondent.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

Plaintiff, an electrical foreman on a building renovation project, seeks to recover damages for injuries he allegedly suffered in a fall down a stairway in the building. Defendant has raised a question of fact as to whether, under the circumstances here, the stairway on which defendant fell was a safety device that could give rise to the coverage of Labor Law § 240(1) (see Nicometi v Vineyards of Fredonia, LLC,

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