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PIMENTEL v. DE FREIGHT LLC

Index Nos. 161075/17, 595883/18, 595289/20. Appeal No. 15995-15996. Case Nos. 2021-00874, 2020-04565.

205 A.D.3d 591 (2022)

169 N.Y.S.3d 286

2022 NY Slip Op 03353

Francisco Pimentel, Respondent, v. DE Freight LLC, Respondent/Second Third-Party Plaintiff Respondent, and Namor Realty Company L.L.C., Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent, et al., Defendant. Transel Elevator and Electric Inc., Doing Business as T.E.I. Group, Third-Party Defendant-Respondent-Appellant, et al., Second Third-Party Defendant.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

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

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Transel Elevator and Electric Inc., respondent-appellant.

Kelly, Rode & Kelly, LLP, Mineola (Eric P. Tosca of counsel), for DeFreight LLC, respondent.

Michael H. Zhu, PC, New York (Michael H. Zhu of counsel), for Francisco Pimentel, respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Plaintiff, an elevator constructor working for TEI, alleges that he was injured as he stood on the lift gate of a DE Freight delivery truck, in order to stabilize 400 pounds of elevator equipment as it was being lowered to the ground. According to plaintiff, as the lift gate descended, it collapsed to the ground, causing him to fall backwards onto the street. About two weeks before the accident, plaintiff's supervisor had sent the truck away from the work site because the...

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