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GONZALEZ v. CITY OF NEW YORK

4205. 301423/14.

151 A.D.3d 492 (2017)

2017 NY Slip Op 04555

53 N.Y.S.3d 535

FRANKLIN GONZALEZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and H.E.L.P.-BRONX, L.P., et al., Appellants.

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

Decided June 8, 2017.

Whether or not the scaffold provided workers at the site with adequate protection for working at an elevation, the unsecured plank falling from the scaffold and striking plaintiff as the scaffold was being moved constituted a distinct elevation-related hazard requiring the securing of the plank for the purpose of moving the scaffold (see Castillo v 62-25 30th Ave. Realty, LLC, 47 A.D.3d 865

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