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TAVAREZ v. LIC DEV. OWNER, L.P.

Index No. 150625/19. Appeal No. 15965. Case No. 2021-01346.

205 A.D.3d 565 (2022)

169 N.Y.S.3d 266

2022 NY Slip Op 03339

Ruth Tavarez, Plaintiff, v. LIC Development Owner, L.P., et al., Defendants. LIC Development Owner L.P., Third-Party Plaintiff-Respondent, v. Collins Building Services, Inc., Third-Party Defendant-Appellant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Wood Smith Henning & Berman LLP, New York (Kevin Thomas Fitzpatrick of counsel), for appellant.

Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C., New York (Eric S. Schlesinger of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

This action arises out of personal injuries allegedly sustained by plaintiff when, in January 2019, she fell from a ladder in the course of her employment with third-party defendant Collins. Plaintiff alleged common-law negligence, including failure to provide her with a safe ladder, and violations of Labor Law §§ 200, 202, 240(1)-(3), and 241(6). Plaintiff alleged fractures to her left knee, severe post traumatic arthritis, and psychological embarrassment.

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