VITUCCI v. DURST PYRAMID LLC

152095/16. Appeal No. 15419. Case No. 2021-00035.

205 A.D.3d 441 (2022)

168 N.Y.S.3d 45

2022 NY Slip Op 02968

Rino Vitucci et al., Respondents, v. Durst Pyramid LLC et al., Appellants-Respondents, and Fred Geller Electrical, Inc., Respondent-Appellant.

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

Decided May 3, 2022.


Attorney(s) appearing for the Case

Cullen and Dykman LLP, New York ( Adrienne Yaron of counsel), for appellants-respondents.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Brian J. Carey of counsel), for respondent-appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Higgitt, JJ.


The injured plaintiff (plaintiff), who was employed by a nonparty plumbing company, was injured while he was installing a shower-curtain rod in a bathroom. The task required plaintiff to use a ladder; however, because there were appliance boxes on the floor of the bathroom, he did not have sufficient space to open an A-frame ladder. As a result, he stood on the rim of the bathtub to perform his work, and while doing so in the dimly lit bathroom, he hit his head on the rod...

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