BEHARRY v. PUBLIC STORAGE, INC.


36 A.D.3d 574 (2007)

828 N.Y.S.2d 458

DEONARINE BEHARRY et al., Respondents, v. PUBLIC STORAGE, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided January 9, 2007.


Ordered that the judgment is affirmed, with costs.

The plaintiff Deonarine Beharry, an iron worker, was injured at work when, as he was returning from a coffee break and ascending a flight of unfinished stairs from the second floor to the third floor, he stepped on the "metal decking" or the "intermediate platform" between the two floors and "went straight through" to the first floor. He commenced this action to recover damages based on, inter alia, Labor Law §...

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