BASILE v. LEGACY YARDS TENANT LP

Index No. 154171/17. Appeal No. 15968. Case No. 2021-04464.

205 A.D.3d 531 (2022)

166 N.Y.S.3d 528

2022 NY Slip Op 03312

Michael Basile, Plaintiff, v. Legacy Yards Tenant LP, Formerly Known as Legacy Yards Tenant, LLC, Appellant-Respondent, and Enclos Corp., Respondent-Appellant.

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

Decided May 19, 2022.


Attorney(s) appearing for the Case

London Fischer LLP, New York ( Stephenie Lannigan Bross of counsel), for appellant-respondent.

Law Office of James J. Toomey, New York ( James J. Toomey, Jr. of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.


Plaintiff, an employee of nonparty construction manager, Tutor Perini, was on his way to review work being performed by Enclos, the curtain wall subcontractor, when he tripped over a sheet of unsecured plywood in a passageway. The origin of the plywood is unknown, although there is testimony indicating that such a condition, if it had been seen, would be remedied by carpenters employed by the construction manager. Further, the record establishes that Enclos was not working...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases