FIGUEIREDO v. NEW PALACE PAINTERS SUPPLY CO. INC.


39 A.D.3d 363 (2007)

833 N.Y.S.2d 492

MARIA B. FIGUEIREDO, Respondent, v. NEW PALACE PAINTERS SUPPLY CO. INC., Appellant, and FRAN-JU, INC., et al., Respondents.

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

Decided April 19, 2007.


Plaintiff sustained her prima facie burden on her Labor Law § 240 (1) claim through admissible evidence that her decedent, who was engaged in renovating the property, fell through an open hole from an unsecured piece of plywood that had been laid over the beams when the platform shifted, and that no safety device was provided to prevent his fall (see Carpio v Tishman Constr. Corp. of N.Y., 240 A.D.2d 234 [1997]). In opposition...

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