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CLARKE v. ACADIA-WASHINGTON SQ. TOWER 2, LLC

2018-04749, Index No. 509907/15.

175 A.D.3d 1240 (2019)

105 N.Y.S.3d 905

2019 NY Slip Op 06469

Omroy Clarke, et al., Respondents, v. Acadia-Washington Square Tower 2, LLC, et al., Appellants, et al., Defendants.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz Edelman & Dicker, LLP, White Plains, NY (Robert W. Gordon of counsel), for appellants.

Burns & Harris, New York, NY (Blake G. Goldfarb and Jason Steinberg of counsel), for respondents.

Austin, J.P., Leventhal, Roman and LaSalle, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 2, 2015, the plaintiff Omroy Clarke (hereinafter the injured plaintiff), a sheet metal mechanic, allegedly was injured when he fell on a slippery wooden ramp while walking backwards and pulling a loaded pallet jack at a construction site located in Brooklyn. The injured plaintiff, and his wife suing derivatively, commenced this action against the appellants, among others, asserting causes of action alleging...

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