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VARGAS v. 1166 LLC

Index No. 153377/16. Appeal No. 15099. Case No. 2020-04937.

201 A.D.3d 614 (2022)

162 N.Y.S.3d 332

2022 NY Slip Op 00528

Enrique Vargas et al., Appellants-Respondents, v. 1166 LLC et al., Respondents. 1166 LLC et al., Third-Party Plaintiffs-Respondents, v. Precision Interior Construction Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Alexander J. Wulwick, New York, for appellants-respondents.

Russo & Gould LLP, New York (Alan S. Russo of counsel), for Precision Interior Construction Corp., respondent-appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York (Douglas J. Domsky of counsel), for 1166 LLC and Verus Construction Services Inc., respondents-respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

This action arises out of a construction project at premises owned by 1166 LLC; Verus, the general contractor on the project, had subcontracted with Precision, which employed plaintiff as a drywall taper. Plaintiff alleges that while he was working on the construction project, he fell off a scaffold and was injured. Further, plaintiff testified at his deposition that although he asked his foreman for guardrails, they were never provided to him. Precision's field supervisor...

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