KRISTO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

16433, 112185/11.

134 A.D.3d 550 (2015)

23 N.Y.S.3d 165

2015 NY Slip Op 09358

DEVI KRISTO, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided December 17, 2015.


Plaintiff is entitled to summary judgment on the issue of liability on his Labor Law § 240 (1) claim, since his deposition testimony establishes that a proximate cause of his injury was the unsecured scaffold planks, which shifted when he stepped on the platform because three of the required planks were missing (see Ciardiello v Benenson Capital Co., 273 A.D.2d 147 [1st Dept 2000]). Thus, contrary to defendants' contention,...

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