TOUNKARA v. FERNICOLA

3663, 21870/04.

80 A.D.3d 470 (2011)

914 N.Y.S.2d 161

BALLA TOUNKARA, Appellant-Respondent, v. ANTHONY FERNICOLA et al., Respondents. (And a Third-Party Action.) ANTHONY FERNICOLA et al., Second Third-Party Plaintiffs-Respondents, v. MT. MORIAH, INC., et al., Second Third-Party Defendants-Respondents-Appellants.

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

Decided January 13, 2011.


Plaintiff made a prima facie showing of defendants' liability under section 240 (1) by asserting that defendants failed to provide him with an adequate safety device, and that such failure was a proximate cause of the accident. In opposition, defendants failed to raise a triable issue of fact as to whether the absence of such a device, or plaintiff's own acts or omissions, constituted the sole proximate cause of the accident (see Campuzano v Board of Educ. of City of N...

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