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GUTIERREZ v. HARCO CONSULTANTS CORP.

5452, 158284/12.

157 A.D.3d 537 (2018)

67 N.Y.S.3d 624

2018 NY Slip Op 00252

JHONNY GUTIERREZ, Respondent, v. HARCO CONSULTANTS CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided January 16, 2018.

According to plaintiff's testimony in this action, he was exposed to elevation-related hazards (see Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 18 N.Y.3d 1, 9 [2011]). Assuming that the piece of rebar that allegedly struck plaintiff weighed what defendants claimed it weighed, it still presented an elevation-related risk even if it may have traveled only a short distance before striking plaintiff (see Marrero v 2075 Holding Co...

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