Sierzputowski v. City of New York

2 Citing cases

  1. Sierra v. Roc-Fifth Ave. Assocs.

    2022 N.Y. Slip Op. 34020 (N.Y. Sup. Ct. 2022)

    Here, plaintiff has failed to eliminate a triable issue of fact as to whether the specific hazard (i.e., the partial fall and the resulting swinging out of the light fixture which, in turn, struck plaintiff in the back) arose from the structural instability caused by the progress of the demolition, rather than from Eric's (i.e., plaintiff's coworker) actual performance of the demolition work itself (see Flores v Crescent Beach Club, LLC, 208 A.D.3d 560, 562 [2d Dept 2022]; Gomez v 670 Merrick Rd. Realty Corp., 189 A.D.3d 1187, 1191 [2d Dept 2020]; Vega v Renaissance 632 Broadway, LLC, 103 A.D.3d 883, 885 [2d Dept 2013]; Campoverde v Bruckner Plaza Assoc., L.P., 50 A.D.3d 836, 837 [2d Dept 2008]; cf. Mendez v Vardaris Tech, Inc., 173 A.D.3d 1004, 1005-1006 [2d Dept 2019]; Sierzputowski v City of New York, 14 A.D.3d 606, 607 [2d Dept 2005]; Salinas v Barney Skanska Const. Co., 2 A.D.3d 619, 622-623 [2d Dept 2003]).

  2. Coward v. Sands Brook, LLC

    2021 N.Y. Slip Op. 30362 (N.Y. Sup. Ct. 2021)   Cited 1 times

    Plaintiff has failed to meet that burden here, in that the testimony of plaintiff and Ford, his coworker, demonstrates that the area where plaintiff was working was an area that was not one that was normally exposed to falling objects for purposes of 12 NYCRR 23-1.7 (a) (1) (Crichigno v Pacific Park 550 Vanderbilt, LLC, 186 AD3d 664, 665 [2d Dept 2020]; Moncayo v Curtis Partition Corp., 106 AD3d 963, 965 [2d Dept 2013]). With respect to 12 NYCRR 23-3.3 (b) (3), the record may show the existence of issues of fact as to whether the hazard that allegedly caused the accident arose from the actual performance of the work as opposed to structural instability caused by the progress of the demolition (see Mendez v Vardaris Tech, Inc., 173 AD3d 1004, 1005-1006 [2d Dept 2019]; Sierzputowski v City of New York, 14 AD3d 606, 607 [2d Dept 2005]; cf. Vega v Renaissance 632 Broadway, LLC, 103 AD3d 883, 885 [2d Dept 2013]). Nevertheless, as nothing in the language of section 23-3.3 (b) (3) suggests that a securing device under that section would be required if there was no foreseeable need for such securing.