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MARRERO v. 2075 HOLDING CO. LLC

9592, 301297/10.

106 A.D.3d 408 (2013)

964 N.Y.S.2d 144

2013 NY Slip Op 3160

JOHN MARRERO, Appellant, v. 2075 HOLDING CO. LLC et al., Respondents.

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

Decided May 2, 2013.

The motion court erred in denying plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim. Plaintiff made a prima facie showing that his injuries were caused by a failure to protect against a risk arising from a significant elevation differential. Plaintiff testified that he sustained physical injuries when he was walking across plywood planks covering fresh concrete. The plywood planks buckled and...

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