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BERISHA v. 209-219 SULLIVAN ST. L.L.C.

5177.

156 A.D.3d 457 (2017)

64 N.Y.S.3d 890

2017 NY Slip Op 08630

AVDYL BERISHA, Appellant, v. 209-219 SULLIVAN STREET L.L.C. et al., Respondents.

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

Decided December 12, 2017.

Plaintiff is entitled to summary judgment on the issue of defendants' section 240 (1) liability where he was injured when the mobile scaffold upon which he was standing wobbled, causing him to fall to the ground. The record establishes that the scaffold had no railings to prevent the fall, there is no evidence that defendants provided an adequate safety device that plaintiff refused to use, and Labor Law § 240 (1) imposes...

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