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EUSTAQUIO v. 860 CORTLANDT HOLDINGS, INC.

Nos. 7583, 400313/10.

95 A.D.3d 548 (2012)

944 N.Y.S.2d 78

2012 NY Slip Op 3565

FILIBERTO EUSTAQUIO et al., Respondents, v. 860 CORTLANDT HOLDINGS, INC., et al., Appellants.

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

Decided May 8, 2012.

Plaintiff met his prima facie burden by submitting his deposition testimony and affidavit showing that he fell from a ladder that was not properly secured or equipped with adequate safety devices (see e.g. Granillo v Donna Karen Co., 17 A.D.3d 531, 531 [2005], lv dismissed in part and denied in part 5 N.Y.3d 878 [2005]; Velasco v Green-Wood Cemetery, 8 A.D.3d 88<...

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