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NECHIFOR v. RH ATLANTIC-PACIFIC LLC

6800, 108080/09.

92 A.D.3d 514 (2012)

938 N.Y.S.2d 308

2012 NY Slip Op 1124

GHEORGHE NECHIFOR, Respondent, v. RH ATLANTIC-PACIFIC LLC et al., Appellants.

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

Decided February 14, 2012.

Plaintiff fell approximately 12 feet as he attempted to descend from the top of a scaffold by climbing down the side frame of the scaffold. Plaintiff made a prima facie showing of defendants' liability under section 240 (1) by showing that defendants failed to provide the ladder that was supposed to be attached to the scaffold, and that such failure was a proximate cause of the accident (see Auriemma v Biltmore Theatre, LLC, 82 A.D.3d 1...

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