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BRADLEY v. IBEX CONSTRUCTION LLC.

54 A.D.3d 626 (2008)

ROBERT BRADLEY et al., Appellants-Respondents, v. IBEX CONSTRUCTION, LLC, Respondent, and HOME DEPOT U.S.A., INC. et al., Respondents-Appellants, et al., Defendant. IBEX CONSTRUCTION, LLC, Second Third-Party Plaintiff-Appellant, v. SAGE ELECTRICAL CONTRACTING, INC., Second Third-Party Defendant-Respondent. (And a Third-Party Action.)

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

September 25, 2008.

The motion court properly denied plaintiffs' motion for partial summary judgment. Plaintiffs established a prima facie case that defendants and second third-party defendant violated Labor Law § 240 (1) by failing to ensure the proper placement of the ladder due to the condition of the floor, but a triable issue of fact was raised by the accident report, which indicated that plaintiff worker had tripped on the plastic-covered...

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