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McCREA v. ARNLIE REALTY CO. LLC

1182, 102667/11, 590124/13.

140 A.D.3d 427 (2016)

33 N.Y.S.3d 40

2016 NY Slip Op 04330

WILLIAM McCREA et al., Respondents, v. ARNLIE REALTY COMPANY LLC, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. BRINK ELEVATOR CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided June 7, 2016.

Plaintiff William McCrea, an elevator repairman employed by Brink, was injured when an elevator fell on top of him inside a building owned by Arnlie. Because "workers `are scarcely in a position to protect themselves from accident[s]'" (Cherry v Time Warner, Inc., 66 A.D.3d 233, 235 [1st Dept 2009], quoting Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 520 [1985], and Koenig...

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