NAVA-JUAREZ v. MOSHOLU FIELDSTON REALTY, LLC

7256. 301694/14.

167 A.D.3d 511 (2018)

91 N.Y.S.3d 373

2018 NY Slip Op 08744

Eusebio Nava-Juarez, Appellant, v. Mosholu Fieldston Realty, LLC, et al., Respondents.

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

Decided December 20, 2018.


Plaintiff established his prima facie entitlement to partial summary judgment on his section 240 (1) claim through his testimony that he fell and was injured when the ladder he was working on shifted suddenly and the affidavit of a coworker who witnessed the accident and averred that plaintiff was painting the exterior facade of defendant's tavern when his ladder shifted, causing plaintiff to fall from his position three-quarters of the way up the ladder.

Defendants...

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