DeFREITAS v. PENTA PAINTING & DECORATING CORP.

2775, 305433/13.

146 A.D.3d 573 (2017)

2017 NY Slip Op 00277

45 N.Y.S.3d 83

DONIZETE JOSE DeFREITAS, Respondent, v. PENTA PAINTING & DECORATING CORP. et al., Defendants, and ARTHUR LANGE INC., Appellant. (And a Third-Party Action.)

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

Decided January 17, 2017.


Plaintiff made a prima facie showing of his entitlement to partial summary judgment on his Labor Law § 240 (1) claim through his own deposition testimony and affidavit, in which he stated that the wooden plank he used to traverse a gap between the roof on which he had been standing and an adjacent retaining wall unexpectedly collapsed when he was halfway across it, causing him to fall to the ground (see Auriemma...

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