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TUZZOLINO v. CONSOLIDATED EDISON COMPANY OF NEW YORK

6360 156755/13.

160 A.D.3d 568 (2018)

75 N.Y.S.3d 166

2018 NY Slip Op 02755

Michael Tuzzolino, Appellant, v. Consolidated Edison Company of New York, Respondent.

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

Decided April 24, 2018.

Plaintiff established prima facie a violation of Labor Law § 240 (1) through his testimony that he was caused to fall when the unsecured ladder on which he was standing suddenly slipped out from under him (see Faver v Midtown Trackage Ventures, LLC, 150 A.D.3d 580 [1st Dept 2017]; see also Kebe v Greenpoint-Goldman Corp., 150 A.D.3d 453 [1st Dept 2017]).

In opposition, defendant...

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