HART v. TURNER CONSTRUCTION COMPANY


30 A.D.3d 213 (2006)

818 N.Y.S.2d 499

RICHARD HART, Respondent, v. TURNER CONSTRUCTION COMPANY et al., Appellant.

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

June 13, 2006.


Plaintiff, in moving for summary judgment as to liability on his Labor Law § 240 (1) claim, met his prima facie burden through testimony that while he performed his assigned work, the eight-foot ladder on which he was standing shifted, causing him to fall to the ground (see Montalvo v J. Petrocelli Constr., Inc., 8 A.D.3d 173 [2004]; Orellano v 29 E. 37th St. Realty Corp., 292 A.D.2d 289

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