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SANCHEZ v. 74 WOOSTER HOLDING, LLC

2019-11117. Index No. 700051/18.

201 A.D.3d 755 (2022)

156 N.Y.S.3d 915

2022 NY Slip Op 00204

Ernesto Sanchez, Appellant, v. 74 Wooster Holding, LLC, Respondent.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Diane Toner], of counsel), for appellant.

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY (Kevin R. McNiff and Morgann C. McCarthy of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained personal injuries after he tripped and fell into an empty swimming pool while performing construction work on premises owned by the defendant. The plaintiff was an employee of nonparty ABR Molding Andy, LLC (hereinafter ABR), at the time of the accident, and was working at the premises pursuant to a construction contract between the defendant and ABR. The plaintiff thereafter commenced...

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