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MIHELIS v. I.PARK LAKE SUCCESS, LLC

56 A.D.3d 355 (2008)

867 N.Y.S.2d 438

CONSTANTINOS MIHELIS, Respondent-Appellant, v. i.PARK LAKE SUCCESS, LLC, et al., Appellants-Respondents, and THE VSA GROUP, Respondent. i.PARK LAKE SUCCESS, LLC, et al., Third-Party Plaintiffs-Appellants, v. PROFESSIONAL WATERPROOFING & RESTORATION, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided November 20, 2008.

Plaintiff and a coworker were working on a construction project when the roof panel on which they were standing snapped in half and collapsed, and the two men crashed to the floor below. Plaintiff was severely injured; his coworker was killed. The evidence establishing that plaintiff was not provided with any safety devices demonstrates prima facie his entitlement to judgment as a matter of law on his Labor Law § 240 (1) claim (see Zimmer v Chemung County Performing...

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