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SCHRON v. NEW YORK UNIVERSITY

14 A.D.3d 468 (2005)

788 N.Y.S.2d 386

SEAN SCHRON et al., Respondents, v. NEW YORK UNIVERSITY et al., Appellants.

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

January 27, 2005.

The plaintiff construction worker's deposition testimony that he was injured at the work site when a wooden scaffolding plank struck him on the head was prima facie evidence of a violation of section 240 (1), shifting the burden to the owner/manager defendants to raise a factual issue on liability (see Aragon v 233 W. 21st St., 201 A.D.2d 353, 354 [1994]). Defendants failed to rebut adequately plaintiffs...

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