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PETERS v. STRUCTURE TONE, INC.

155065/15. Appeal No. 15739. Case No. 2020-04597.

204 A.D.3d 522 (2022)

166 N.Y.S.3d 632

2022 NY Slip Op 02518

Nedroy Peters, Respondent, v. Structure Tone, Inc., et al., Appellants.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Barry McTiernan & Moore, LLC, New York (Steven Aripotch, of counsel) for appellants.

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

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Plaintiff was injured while working as a carpenter at a building owned by defendant MI NY Clock Tower, LLC and at which defendant Structure Tone, Inc. was serving as the construction manager. At the time of plaintiff's injury, he was building a platform in a shaft on the tenth floor of the building in order to frame or box out some pipe in the shaft. As the platform was nearly complete, he heard something, looked up, and was struck...

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