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QUIROZ v. NEW YORK PRESBYT./COLUMBIA UNIV. MED. CTR.

Index No. 153266/16. 595875/16. Appeal No. 15315. Case No. 2020-04798.

202 A.D.3d 555 (2022)

163 N.Y.S.3d 516

2022 NY Slip Op 00988

Gustavo Quiroz et al., Respondents, v. New York Presbyterian/Columbia University Medical Center et al., Appellants. New York Presbyterian/Columbia University Medical Center et al., Third-Party Plaintiffs-Appellants, v. PJ Mechanical Corporation et al., Third-Party Defendants-Respondents.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York (Laurel A. Wedinger of counsel), for appellants.

Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for Gustavo Quiroz and Jasmine Quiroz, respondents.

Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for PJ Mechanical Corporation, respondent.

Newman Myers Kreines Harris, P.C., New York (Matthew Lavoie of counsel), for Penava Mechanical Corp., respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

Plaintiff, a steamfitter employed by Penava, was injured in a fall from a Penava-issued A-frame ladder that tilted after a leg of the ladder broke through a temporary masonite covering on the surface of the building's roof. The building was owned by NY Presbyterian. The record evidence indicates that laborers employed by NY Presbyterian's general contractor at the project site, Structure Tone, had installed the masonite on the roof. Structure Tone had hired PJ Mechanical...

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