VALENTE v. LEND LEASE (US) CONSTRUCTION LMB, INC.

2051, 158634/13.

143 A.D.3d 625 (2016)

2016 NY Slip Op 06987

39 N.Y.S.3d 464

FRANK VALENTE et al., Respondents, v. LEND LEASE (US) CONSTRUCTION LMB, INC., et al., Appellants, et al., Defendants.

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

Decided October 25, 2016.


Plaintiffs established prima facie that plaintiff Frank Valente's slip and fall on grease on planks that he was using as a makeshift ramp to descend five feet from the top of a building to a scaffold was "the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential" and therefore is covered under Labor Law § 240 (1) (Runner v New York Stock Exch., Inc., 13 N.Y.3d...

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