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OMAR VILLANUEVA v. 114 FIFTH AVE. ASSOC. LLC

6634, 161658/14.

162 A.D.3d 404 (2018)

2018 NY Slip Op 03928

Omar Villanueva, Respondent, v. 114 Fifth Avenue Associates LLC et al., Appellants.

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

Decided June 5, 2018.

Plaintiff was injured at a construction site owned by defendant 114 Fifth Avenue Associates LLC (114 Fifth Avenue) and managed by defendant Structure Tone Inc. (Structure Tone), when he and three other workers were attempting to load a 500-pound steel I-beam into an internal freight elevator at a construction site in order to transport it from the 18th floor to the ground floor. The elevator was four feet wide and five feet deep, with an eight foot ceiling, while the beam...

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