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DE OLEO v. CHARIS CHRISTIAN MINISTRIES, INC.

10073, 301267/07, 84253/09.

106 A.D.3d 521 (2013)

966 N.Y.S.2d 375

2013 NY Slip Op 3552

LUIS DE OLEO, Respondent, v. CHARIS CHRISTIAN MINISTRIES, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided May 16, 2013.

Plaintiff laborer's lone witness account, given at his deposition, regarding how he fell from the roof of a church owned and/or occupied by defendants while painting a protective sealant on the roof, was consistent and sufficient to establish his prima facie entitlement to partial summary judgment on his section 240 (1) claim (see Rodriguez v 3251 Third Ave. LLC, 80 A.D.3d 434 [1st Dept...

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