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McDOWELL v. XAND HOLDINGS, LLC

9349, 305542/13.

172 A.D.3d 547 (2019)

98 N.Y.S.3d 746

2019 NY Slip Op 03908

Alfred McDowell, Plaintiff, v. Xand Holdings, LLC, Respondent, and JCI Construction Corporation, Appellant, et al., Defendant.

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

Decided May 21, 2019.

The court properly found issues of fact as to whether JCI launched a force or instrument of harm while performing its contract at the construction site (see generally Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]). The testimony of JCI's principal, viewed in the light most favorable to plaintiff, raised an issue of fact as to whether JCI met its alleged oral obligations to place caution tape around, or plywood over,...

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