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FAVER v. MIDTOWN TRACKAGE VENTURES, LLC

4065. 116742/10.

150 A.D.3d 580 (2017)

2017 NY Slip Op 04073

52 N.Y.S.3d 626

RICHARD FAVER, Appellant, v. MIDTOWN TRACKAGE VENTURES, LLC, et al., Defendants, and CB RICHARD ELLIS, INC., et al., Respondents.

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

Decided May 23, 2017.

Plaintiff established entitlement to partial summary judgment on his Labor Law § 240 (1) claim through his own testimony that he was hit in the arm by an electrical wire that shot out of a section of conduit pipe after being jammed inside, causing the unsecured ladder he was standing on to wobble, which resulted in plaintiff losing his balance and falling to the ground (see Hill v City of New York, 140 A.D.3d 568, 570 [1st Dept...

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