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VITUCCI v. DURST PYRAMID LLC

152095/16. Appeal No. 15419. Case No. 2021-00035.

205 A.D.3d 441 (2022)

168 N.Y.S.3d 45

2022 NY Slip Op 02968

Rino Vitucci et al., Respondents, v. Durst Pyramid LLC et al., Appellants-Respondents, and Fred Geller Electrical, Inc., Respondent-Appellant.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, New York (Adrienne Yaron of counsel), for appellants-respondents.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Brian J. Carey of counsel), for respondent-appellant.

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

Concur—Manzanet-Daniels, J.P., Mazzarelli, Higgitt, JJ.

The injured plaintiff (plaintiff), who was employed by a nonparty plumbing company, was injured while he was installing a shower-curtain rod in a bathroom. The task required plaintiff to use a ladder; however, because there were appliance boxes on the floor of the bathroom, he did not have sufficient space to open an A-frame ladder. As a result, he stood on the rim of the bathtub to perform his work, and while doing so in the dimly lit bathroom, he hit his head on the rod...

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