1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 203 A.D.3d
  5. 203 A.D.3d 546 (2022)
 

PAYNE v. NSH COMMUNITY SERVS., INC.

Index No. 160955/13. Appeal No. 15455. Case No. 2021-00478.

203 A.D.3d 546 (2022)

165 N.Y.S.3d 494

2022 NY Slip Op 01882

James Payne, Respondent, v. NSH Community Services, Inc., et al., Respondents-Appellants, and Peter Scalamandre & Sons, Inc., Appellant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Farmingdale (Beth L. Rogoff-Gribbins of counsel), for appellant-respondent.

Dopf, P.C., New York (Martin B. Adams of counsel), for respondents-appellants.

Brody, O'Connor & O'Connor, Northport (Michael I. Feiner of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

Plaintiff James Payne and his coworkers were traversing a rebar mat to exit a parking garage during their coffee break. The rebar mat had just been installed in the garage under construction. The mat is a latticework of rebars whose purpose is to reinforce the concrete that will be poured later to form a ramp leading to the ground level of the garage. Scalamandre's subcontract with Turner required it to provide a "solid walking surface" over the rebar mat if the rebar mat...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases