QUISHPI v. 80 WEA OWNER, LLC

2445, 150289/12.

145 A.D.3d 521 (2016)

2016 NY Slip Op 08324

43 N.Y.S.3d 319

SEGUNDO QUISHPI, Respondent-Appellant, v. 80 WEA OWNER, LLC, et al., Appellants-Respondents. 80 WEA OWNER, LLC, Third-Party Plaintiff-Appellant; AIR EXPORT MECHANICAL, Third-Party Defendant-Respondent.

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

Decided December 13, 2016.


Plaintiff was injured during the demolition of an elevator shaft when he tried to take down two 12-foot vertical steel beams topped by a horizontal steel beam approximately two feet long. He cut into the two vertical beams until they fell over in a "V" shape, and the horizontal beam, still attached to them, hit the floor. When plaintiff bent over to sever the horizontal beam from the left vertical beam, the beam sprang up and hit him in the face.

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