GALVEZ v. COLUMBUS 95TH ST. LLC

6562, 300059/13, 83941/13.

161 A.D.3d 530 (2018)

78 N.Y.S.3d 4

2018 NY Slip Op 03484

Mario Galvez, Appellant, v. Columbus 95th Street LLC et al., Respondents. (And a Third-Party Action.)

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

Decided May 15, 2018.


Plaintiff was injured while ascending to the top of a building on a motorized suspended scaffold. Plaintiff testified that the scaffold had swung into a recessed area between two horizontal concrete beams (spandrels) and, to clear the top spandrel, plaintiff and his coworker had to press their backs against the wall and use their legs to push the scaffold out as they moved it up. In pressing against the wall and pushing the scaffold with his legs, plaintiff injured his lower...

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