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LAWRENCE v. FOREST CITY RATNER COMPANIES

268 A.D.2d 380 (2000)

701 N.Y.S.2d 429

CEDRIC LAWRENCE, Appellant, v. FOREST CITY RATNER COMPANIES, Defendant, and HERBERT CONSTRUCTION CORP., Respondent and Third-Party Plaintiff. ARGUS CONSTRUCTION CORPORATION, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided January 27, 2000.

Plaintiff's deposition testimony, which indicated that he fell 16 feet from the scaffold upon which he was working when it broke in two and he was thrown against a wall, was sufficient to demonstrate his entitlement to summary judgment on the issue of liability on his Labor Law § 240 (1) claim (Samuel v General Cinema Theaters, 254 A.D.2d 85; Vanriel v Weissman Real Estate, 262 A.D.2d 56

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