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ABURTO v. CITY OF NEW YORK

Nos. 7482, 107783/08.

94 A.D.3d 640 (2012)

942 N.Y.S.2d 514

2012 NY Slip Op 3114

MARIO ABURTO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 24, 2012.

Plaintiff made a prima facie showing that defendants violated Labor Law § 240 (1) and that the violation proximately caused his injuries (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 286 [2003]; Williams v 520 Madison Partnership, 38 A.D.3d 464, 464-465 [2007]). Indeed, plaintiff's 50-h testimony and his coworker's affidavit showed that a scaffold suddenly collapsed...

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