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ALVAREZ v. 1407 BROADWAY REAL ESTATE LLC

4096, 110583/08.

80 A.D.3d 524 (2011)

915 N.Y.S.2d 263

LUIS ALVAREZ et al., Appellants, v. 1407 BROADWAY REAL ESTATE LLC et al., Respondents.

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

Decided January 25, 2011.

Plaintiff Luis Alvarez testified that a scaffold tipped over as he was climbing onto it. In opposition to this prima facie showing that a violation of Labor Law § 240 (1) occurred and that it was a proximate cause of plaintiff's injuries (see Romanczuk v Metropolitan Ins. & Annuity Co., 72 A.D.3d 592 [2010]), defendants failed to raise an inference in support of their contention that the injured plaintiff's conduct...

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