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ROYLAND v. McGOVERN & CO., LLC

Index No. 152015/13. Appeal No. 15621-15621A. Case No. 2020-04819.

203 A.D.3d 677 (2022)

167 N.Y.S.3d 1

2022 NY Slip Op 02214

Jan Royland et al., Respondents, v. McGovern & Company, LLC, et al., Appellants, and Marshall's Moving Services, Inc., Appellant-Respondent. McGovern & Company, LLC, Third-Party Plaintiff-Respondent-Appellant, v. Milford Flooring Corp., Third-Party Defendant.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Koster, Brady & Nagler LLP, New York ( Jason J. Lavery of counsel), for appellant-respondent.

Law Office of James J. Toomey, New York ( Evy Kazansky of counsel), for McGovern & Company, LLC, respondent-appellant.

Correia, King, Fodera, McGinnis & Liferiedge, New York ( Kevin J. McGinnis of counsel), for Peragallo Pipe Organ Company, respondent-appellant.

Law Office of William A. Cerbone, Elmsford ( William H. Rosvally of counsel), for respondents.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

Plaintiff Jan Royland was pulling a floor buffing machine up a ramp placed over stairs when the top section of the three-part ramp came loose and slid down the other two sections, taking plaintiff and the buffing machine down to the sidewalk with it. The accident occurred on the front steps of a church undergoing renovation. The church had retained defendant McGovern as the general contractor on the renovation project, and McGovern had subcontracted plaintiff's employer,...

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