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GUERRERO v. 115 CENTRAL PARK WEST CORPORATION

7982. 26884/15E.

168 A.D.3d 408 (2019)

88 N.Y.S.3d 880

2019 NY Slip Op 00027

Hector Guerrero et al., Appellants, v. 115 Central Park West Corporation, Respondent.

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

Decided January 3, 2019.

Summary judgment was properly denied because triable issues of fact exist as to whether plaintiff Hector Guerrero's accident occurred in the manner in which he alleged (see e.g. Smigielski v Teachers Ins. & Annuity Assn. of Am., 137 A.D.3d 676 [1st Dept 2016]). The record shows that plaintiff testified that the scaffolding on which he was standing moved from side-to-side, causing his leg to fall into a gap between the scaffolding...

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