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ROONEY v. D.P. CONSULTING CORP.

Index No. 160208/13. Appeal No. 15647. Case No. 2021-00192.

204 A.D.3d 428 (2022)

166 N.Y.S.3d 155

2022 NY Slip Op 02243

Patrick Rooney, Appellant-Respondent, v. D.P. Consulting Corp. et al., Respondents, and Edge General Contracting, Inc., Respondent-Appellant, et al., Defendant.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac, of counsel) for appellant-respondent.

Ahmuty, Demers & McManus, Albertson (Glenn Kaminska, of counsel) for respondent-appellant.

Segal McCambridge Singer & Mahoney, Ltd., New York (Carla Varriale-Barker, of counsel) for D.P. Consulting Corp., respondent.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York (Matthew G. Corcoran, of counsel) for SKIG, LLC, 151 Hudson Street Condominium and Andrews Building Corp., respondents.

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

Plaintiff and a coworker lowered a building's freight elevator into the basement to allow plaintiff to perform work on top of the elevator. Plaintiff testified that he spent about 40 minutes performing that work, which involved making changes to the elevator in order to prevent people from accessing a first-floor renovation site by means of the elevator's rear door. The elevator's front door opened onto an outdoor area. After performing this task, plaintiff claims that he...

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