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GOMES v. PEARSON CAPITAL PARTNERS LLC

5948 301249/13 83905/13.

159 A.D.3d 480 (2018)

71 N.Y.S.3d 484

2018 NY Slip Op 01560

ATLEY GOMES, Respondent, v. PEARSON CAPITAL PARTNERS LLC et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided March 8, 2018.

Plaintiff established his entitlement to judgment as a matter of law on the issue of liability on his Labor Law § 240 (1) claim, insofar as related to the December 24th accident. It is undisputed that the subject scaffold did not have railings, toe boards, or cross-bracing, and there was no place for plaintiff to tie off his safety harness. As such, plaintiff established a violation...

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