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RIVERA-ASTUDILLO v. GARDEN OF PRAYER CHURCH OF GOD IN CHRIST, INC.

9974, 301326/15.

176 A.D.3d 425 (2019)

112 N.Y.S.3d 79

2019 NY Slip Op 07033

Jose Rivera-Astudillo, Appellant-Respondent, v. The Garden of Prayer Church of God in Christ, Inc., Respondent-Appellant, and Belfor Property Restoration, Respondent. (And a Third-Party Action.)

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Thomas Torto , New York ( Jason Levine of counsel), for appellant-respondent.

Molod Spitz & DeSantis, P.C., New York ( Marcy Sonneborn of counsel), for respondent-appellant.

Pillinger Miller Tarallo, LLP, Garden City ( Neil Sambursky of counsel), for respondent.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

Plaintiff's testimony that the ladder wobbled, flipped, and flopped, causing him to fall, sets forth a prima facie violation of Labor Law § 240(1) (see Cutaia v Board of Mgrs. of the Varick St. Condominium, 172 A.D.3d 424 [1st Dept 2019]; Plywacz v 85 Broad St. LLC, 159 A.D.3d 543 [1st Dept 2018]; Kebe v Greenpoint-Goldman Corp., 150 A.D.3d 453, 454 [1st Dept 2017]; Goreczny...

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