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NAVEDO v. VNO 225 W. 58TH STREET LLC

159423/16. Appeal No. 15409. Case No. 2021-03315.

203 A.D.3d 406 (2022)

164 N.Y.S.3d 564

2022 NY Slip Op 01272

Walter Navedo et al., Respondents, v. VNO 225 West 58th Street LLC et al., Respondents-Appellants, and S.J. Electric, Inc., Appellant-Respondent/Third-Party Defendant-Appellant-Respondent. VNO 225 West 58th Street LLC et al., Third-Party Plaintiffs-Respondents-Appellants.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Coffey Modica O'Meara LLP, White Plains (Sofya Uvaydov of counsel), for appellant-respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondents-appellants.

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

Concur—Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.

Plaintiff Walter Navedo was electrocuted while working on the 40th floor of a building under construction. As he rose from a kneeling position in which he had been taking measurements for a curtain wall, he took hold of a safety cable that ran along the perimeter of the building. The safety cable was not designed to carry an electric charge.

Third-party defendant subcontractor Electric, which provided temporary electrical power on all floors above the 11th for use...

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