KIND v. 1177 AVENUE OF THE AMERICAS ACQUISITIONS, LLC

7984. 151273/13.

168 A.D.3d 408 (2019)

91 N.Y.S.3d 394

2019 NY Slip Op 00029

Steven Kind et al., Appellants, v. 1177 Avenue of the Americas Acquisitions, LLC, et al., Respondents.

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

Decided January 3, 2019.


Plaintiffs established entitlement to judgment as a matter of law in this action where plaintiff Steven Kind was injured when one end of a scaffold that he and a coworker were using to wash exterior windows on a building dropped out from under him and the scaffold came to rest at an angle, causing everything in it to crash down on him. The tilting or collapse of the scaffold was prima facie evidence of a violation of Labor Law § 240 (1) (see Jamison v GSL Enters....

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