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JERDONEK v. 41 W. 72 LLC

590726/10, 103694/10, 15715.

143 A.D.3d 43 (2016)

36 N.Y.S.3d 17

ORFEUSZ M. JERDONEK, Respondent, v. 41 WEST 72 LLC et al., Appellants. (And a Third-Party Action.)

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

Decided July 28, 2016.

Attorney(s) appearing for the Case

Baxter, Smith & Shapiro, P.C., Hicksville ( Joseph M. Guzzardo of counsel), for appellants.

The Perecman Firm, PLLC, New York City ( David H. Perecman and Peter D. Rigelhaupt of counsel), for respondents.

ANDRIAS, SAXE and KAPNICK, JJ., concur with FRIEDMAN, J.P.; GISCHE, J., dissents in a separate opinion.

OPINION OF THE COURT

Plaintiff was injured in a fall from a scaffold while he was working in a boiler room that is a common element of the condominium apartment building at 41 West 72nd Street in Manhattan, known as the Hermitage Condominium. All members of this panel agree that...

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