RUIZ v. PHIPPS HOUSES

22896/20E. Appeal No. 260. Case No. 2022-01863.

216 A.D.3d 522 (2023)

188 N.Y.S.3d 484

2023 NY Slip Op 02627

Harold Danilo Ruiz, Respondent, v. Phipps Houses et al., Appellants.

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

Decided May 16, 2023.


Attorney(s) appearing for the Case

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

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for respondent.

Concur—Renwick, A.P.J., Webber, Oing, Singh, Kennedy, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 5, 2022, which granted plaintiff's motion for summary judgment as to liability, unanimously affirmed, without costs.

Plaintiff was injured when a heavy scaffolding pole, which was approximately 10 to 14 feet tall and nine inches in diameter, weighing 80 to 100 pounds, fell on his head and shoulder while he was working at a construction site. According to the deposition testimony, one of plaintiff...

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