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CARCHIPULLA v. 6661 BROADWAY PARTNERS, LLC

Nos. 7607, 302796/08, 1592.

95 A.D.3d 573 (2012)

945 N.Y.S.2d 4

2012 NY Slip Op 3732

ANGEL CARCHIPULLA, Respondent, v. 6661 BROADWAY PARTNERS, LLC, Appellant, et al., Defendant.

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

Decided May 10, 2012.

Plaintiff established his prima facie entitlement to summary judgment by showing that defendant's failure to provide an adequate safety device enumerated in Labor Law § 240 (1) proximately caused him to fall off a ladder, injuring him (see Orellano v 29 E. 37th St. Realty Corp., 292 A.D.2d 289 [2002]). Plaintiff was not required to present evidence of a specific structural defect in the ladder (see Lipari v AT Spring, LLC...

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