SAQUICARAY v. CONSOLIDATED EDISON CO. OF N.Y., INC.

161299/13, 8855, 595303/14, 8854.

171 A.D.3d 416 (2019)

96 N.Y.S.3d 215

2019 NY Slip Op 02460

Carlos Saquicaray, Respondent, v. Consolidated Edison Company of New York, Inc., Defendant/Third-Party Plaintiff. Clean Up Services, Inc., Third-Party Defendant-Appellant.

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

Decided April 2, 2019.


Plaintiff made a prima facie showing that the work he was performing as an employee of Clean at the time of his accident was covered under section 240 (1). There is no dispute that plaintiff was injured in the course of unloading an approximately two-ton steel plate at a construction site owned by defendant Con Ed, after transporting the plate to the site by truck. Witnesses consistently indicated that Clean routinely unloaded steel plates at the site for the purpose of covering...

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