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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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