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SCHOENDORF v. 589 FIFTH TIC I LLC

Index No. 158404/17, Appeal No. 16069, Case Nos. 2021-04388, 2022-00581.

206 A.D.3d 416 (2022)

168 N.Y.S.3d 473

2022 NY Slip Op 03580

Richard Schoendorf et al., Appellants-Respondents, v. 589 Fifth TIC I LLC et al., Respondents, et al., Defendants.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Appell & Parrinelli, New York ( John J. Appell of counsel), for appellants-respondents.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Plaintiff Richard Schoendorf was injured as he was attempting to move a 400-pound elevator platform from the front of a flatbed truck to the tailgate. The platform, which was about seven feet long, rested on a pallet jack that was too small to allow the platform to rest properly on it, causing the platform to dip and touch the flatbed. As plaintiff lifted the platform about four or five inches off the pallet jack in order to place a second pallet underneath to facilitate...

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