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DAVIS v. SELINA DEVELOPMENT CORP. OF NEW YORK

302 A.D.2d 304 (2003)

754 N.Y.S.2d 872

LEONARD DAVIS, Respondent, v. SELINA DEVELOPMENT CORP. OF NEW YORK, Appellant, et al., Defendant.

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

Decided February 25, 2003.

Plaintiff, by adducing evidence that, while performing renovation work in the basement of a building owned by defendant Selina Development Corp. of New York, he fell from an unsecured ladder, set forth a prima facie case of liability under Labor Law § 240 (1) (see Yurkovich v Kvarner Woodworking, 289 A.D.2d 183), and since Selina has, in opposition to plaintiff's motion, "offered nothing more than mere speculation as to what...

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