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RIEGER v. 303 EAST 37 OWNERS CORP.

49 A.D.3d 347 (2008)

852 N.Y.S.2d 768

MIKE RIEGER et al., Respondents, v. 303 EAST 37 OWNERS CORP., Appellant. (And a Third-Party Action.)

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

Decided March 13, 2008.

Plaintiff was injured when he fell from defendant's unsecured ladder while working at defendant's premises. As it is undisputed that the ladder buckled and tipped over to one side, propelling plaintiff to the concrete floor below, the motion court properly granted summary judgment to plaintiff on the issue of liability under Labor Law § 240 (1) (see Montalvo v J. Petrocelli Constr., Inc., 8 A.D.3d 173, 175 [2004]; see also...

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