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LIMA v. HY 38 OWNER, LLC

2020-02342. Index No. 1805/16.

208 A.D.3d 1181 (2022)

175 N.Y.S.3d 103

2022 NY Slip Op 05162

Miguel Lima et al., Appellants-Respondents, v. HY 38 Owner, LLC, et al., Respondents-Appellants.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Ronai & Ronai, LLP ( Holly Ostrov Ronai and Michael H. Zhu, Esq., P.C., New York, NY, of counsel), for appellants-respondents.

London Fischer LLP, New York, NY ( David B. Franklin of counsel), for respondents-appellants.

Barros, J.P., Rivera, Chambers and Miller, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In April 2015, the plaintiff Miguel Lima, while working on a construction site in Manhattan, allegedly was injured when he was struck by a section of a caisson pipe that was being cut with a blow torch by a coworker. Lima testified at his deposition that a strap was tied around the pipe and connected to the bucket of a backhoe excavator to prevent the pipe...

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