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DOUGLAS v. TISHMAN CONSTR. CORP.

Index No. 29292/17. Appeal No. 15989. Case No. 2021-03234.

205 A.D.3d 570 (2022)

169 N.Y.S.3d 277

2022 NY Slip Op 03344

Jaydee Douglas, Appellant-Respondent, v. Tishman Construction Corporation et al., Respondents-Appellants, et al., Defendant.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Christen Giannaros of counsel), for appellant-respondent.

Fabiani Cohen & Hall, LLP, New York ( Kevin B. Pollak of counsel), for respondents-appellants.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Plaintiff was injured on a construction project when he was struck by a wooden door form. At the time, plaintiff worked as a lather for Navillus Contracting, a concrete subcontractor on the project.

Upon a search of the record (CPLR 3212[b]) the motion court correctly found that defendants BOP and Tishman are both subject to liability under Labor Law §§ 240(1) and 241(6) (see Santos v Condo 124 LLC,

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