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SERRANO v. TED GENERAL CONTRACTOR

308884/11, 5411.

157 A.D.3d 474 (2018)

67 N.Y.S.3d 620

2018 NY Slip Op 00113

PEDRO SERRANO et al., Respondents, v. TED GENERAL CONTRACTOR, Appellant, and EIGHTH AVENUE SKY, LLC, Respondent, et al., Defendants.

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

Decided January 9, 2018.

Plaintiff Pedro Serrano was injured when, during the course of moving sheetrock into a building, he stood on top of a sidewalk shed that broke beneath him, causing him to fall to the sidewalk below. While the motion court correctly determined that these facts demonstrated plaintiffs' prima facie entitlement to summary judgment (see e.g. Tzic v Kasampas, 93 A.D.3d 438, 438-439 [1st Dept 2012]), it erred in finding that EAS raised...

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