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MILLER v. 177 NINTH AVENUE CONDOMINIUM

5653. 155573/12.

158 A.D.3d 467 (2018)

67 N.Y.S.3d 834

2018 NY Slip Op 00905

SCOTT MILLER et al., Respondents, v. 177 NINTH AVENUE CONDOMINIUM et al., Appellants, et al., Defendants.

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

Decided February 8, 2018.

Plaintiffs established that the accident was proximately caused by the undisputed absence of safety devices affording adequate protection against the elevation-related risks that the injured plaintiff faced as he and another laborer hoisted a 300-pound laundry bin to empty the debris within it into a dumpster (see Harris v City of New York, 83 A.D.3d 104, 109-110 [1st Dept 2011], citing Runner v New York Stock Exch., Inc.,

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