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PADILLA v. TOURO COLLEGE UNIV. SYS.

Index No. 25984/14. Appeal No. 15649. Case No. 2021-01044.

204 A.D.3d 415 (2022)

166 N.Y.S.3d 152

2022 NY Slip Op 02232

Josue Padilla, Appellant-Respondent, v. Touro College University System, Respondent, et al., Defendant. Touro College, Third-Party Plaintiff-Respondent, v. T.R. Joy Associates, Inc., Third-Party Defendant-Respondent-Appellant/Second Third-Party Plaintiff-Respondent-Appellant, and All Pro Design & Construction Corp., Third-Party Defendant-Respondent. All Pro Design & Construction Corp., Second Third-Party Defendant-Respondent.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Faber & Troy, Woodbury ( Salvatore V. Agosta , of counsel) for appellant-respondent.

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka and Kevin A. Faley , of counsel) for respondent-appellant.

O'Connor Redd Orlando, LLP, Port Chester ( Joseph A. Orlando , of counsel) for Touro College, respondent.

Lewis Johs Avallone Aviles, LLP, New York ( David Metzger , of counsel) for All Pro Design & Construction Corp., respondent.

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

Plaintiff, a security system installer employed by T.R. Joy, was injured while working at a property owned by Touro. He testified that when he attempted to move a stack of sheetrock boards leaning against a wall that were purportedly pinching security system wires, the sheetrock boards fell on him.

Touro failed to establish prima facie that it neither created nor had notice of the dangerous condition of the work site and...

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