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SANANGO v. 200 EAST 16TH STREET HOUSING CORPORATION

290 A.D.2d 228 (2002)

736 N.Y.S.2d 321

ARCENIO SANANGO, Respondent, v. 200 EAST 16TH STREET HOUSING CORPORATION, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. TOWER BUILDING RESTORATION, INC., Doing Business as TBR, LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided January 3, 2002.

Plaintiff's deposition testimony that the ladder he was provided wobbled as he stepped on it to descend from a higher to a lower terrace, causing him to fall, entitles him to summary judgment on his Labor Law § 240 (1) claim absent evidence raising an issue of fact as to whether plaintiff's actions were the sole proximate cause of the accident (see, Wasilewski v Museum of Modern Art, 260 A.D.2d 271; Angeles v Goldhirsch,...

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