LOPEZ v. HALLETTS ASTORIA LLC

Index No. 27827/17E. Appeal No. 15846. M-1342. Case No. 2021-03850.

205 A.D.3d 573 (2022)

169 N.Y.S.3d 282

2022 NY Slip Op 03346

Daniel Lopez, Respondent, v. Halletts Astoria LLC et al., Appellants. Halletts Astoria LLC et al., Third-Party Plaintiffs-Appellants, v. S&E Bridge and Scaffold LLC, Third-Party Defendant-Respondent.

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

Decided May 24, 2022.


Attorney(s) appearing for the Case

Coffey Modica O'Meara Capowski LLP, White Plains ( Sean Harriton of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for Daniel Lopez, respondent.

London Fischer LLP, New York ( Morgan Mueller of counsel), for S&E Bridge and Scaffold LLC, respondent.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.


Plaintiff, an S&E employee engaged in hoist installation and maintenance, was injured while fixing a misaligned hoist elevator at a construction site. While plaintiff was on the hoist tower attempting to loosen a screw, an adjacent ascending hoist elevator struck his foot.

Plaintiff was not the sole proximate cause of the accident, as the testimony shows that the accepted practice among S&E workers was to step onto the tower when removing the screw at issue...

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