PASTIER v. C.A.C. INDUS., INC.

2019-09670. Index No. 604276/15.

204 A.D.3d 1029 (2022)

165 N.Y.S.3d 351

2022 NY Slip Op 02812

Paul Pastier, Appellant, v. C.A.C. Industries, Inc., et al., Respondents.

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

Decided April 27, 2022.


Attorney(s) appearing for the Case

Salenger, Sack, Kimmel & Bavaro, LLP, Woodbury, NY ( Beth S. Gereg of counsel), for appellant.

Andrea G. Sawyers , Melville, NY ( Scott W. Driver of counsel), for respondent C.A.C. Industries, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY ( James O'Brien & Eric G. Cheng of counsel), for respondent Gibbons, Esposito & Boyce Engineers, P.C.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On October 23, 2012, at approximately midnight, the plaintiff allegedly was injured while walking on a grass-covered median between the main eastbound road and a service road of the Pelham Parkway in the Bronx when he fell into a hole which he estimated to be approximately two feet deep. The plaintiff, an electrician employed by nonparty...

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