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LUCIANO v. NEW YORK CITY HOUSING AUTHORITY

5514, 23059/12.

157 A.D.3d 617 (2018)

67 N.Y.S.3d 456

2018 NY Slip Op 00473

ANTHONY LUCIANO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided January 25, 2018.

Plaintiff's testimony that he slipped on water on the floor of the stairwell where he was working establishes prima facie a violation of Labor Law § 241 (6) predicated on Industrial Code § 23-1.7 (d) ("Slipping hazards"). In opposition, defendant, relying solely on speculative hearsay testimony (by another employee), failed to raise an issue of fact as to the way the accident occurred (see Ying Choy Chong v 457 W....

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