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DEANGELIS v. FRANKLIN PLAZA APTS., INC.

2018-09587. Index No. 2378/12.

189 A.D.3d 772 (2020)

133 N.Y.S.3d 470

2020 NY Slip Op 07162

Stephen Deangelis, Appellant, v. Franklin Plaza Apartments, Inc., et al., Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York, NY ( Barry Semel-Weinstein of counsel), for appellant.

Martin Clearwater & Bell LLP, New York, NY ( Barbara D. Goldberg and Michael A. Sonkin of counsel), for respondents.

Chambers, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.

Ordered that the order is affirmed, with costs.

On May 18, 2011, the plaintiff, an employee of a company contracted by the defendant Franklin Plaza Apartments, Inc., to maintain its boilers, was dispatched to prepare and test the boilers for an upcoming city inspection. During his work, he used an extension ladder to access the top of a boiler. He allegedly was injured when the ladder fell to the ground.

The plaintiff commenced this action to recover damages...

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