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DEDNDREAJ v. ABC CARPET & HOME

7075, 310410/08.

93 A.D.3d 487 (2012)

940 N.Y.S.2d 62

2012 NY Slip Op 1774

AGIM DEDNDREAJ, Appellant, v. ABC CARPET & HOME et al., Respondents.

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

Decided March 13, 2012.

Plaintiff established his prima facie entitlement to summary judgment by showing that defendants' failure to provide an adequate safety device proximately caused a pipe that was in the process of being hoisted to fall and strike him (see Arnaud v 140 Edgecomb LLC, 83 A.D.3d 507 [2011]).

In opposition, defendants failed to raise a triable issue of fact. Even assuming that plaintiff disregarded warnings by walking through the...

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