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MORA v. WYTHE & KENT REALTY LLC

8866, 303432/14.

171 A.D.3d 426 (2019)

95 N.Y.S.3d 527

2019 NY Slip Op 02471

Julian Mora, Respondent, v. Wythe and Kent Realty LLC et al., Appellants, et al., Defendants.

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

Decided April 2, 2019.

Plaintiff's deposition testimony establishes that a proximate cause of his injury was the unsecured scaffold planks which tipped when he stepped on them (see Kristo v Board of Educ. of the City of N.Y., 134 A.D.3d 550 [1st Dept 2015]). Thus, contrary to defendants' contention, plaintiff was not the sole proximate cause of his accident and we reject defendant's recalcitrant worker defense (see Blake v Neighborhood Hous. Servs....

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