SOUTH v. METROPOLITAN TRANSPORTATION AUTH.

10010, 10009, 10008, 10011-7151.

176 A.D.3d 447 (2019)

112 N.Y.S.3d 103

2019 NY Slip Op 07213

Craig South, Appellant, v. Metropolitan Transportation Authority et al., Respondents. Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Respondents, v. Iron Bridge Constructors Inc., Third-Party Defendants-Appellants, et al., Third-Party Defendants. Wayne Gavonich, Appellant, v. Metropolitan Transportation Authority et al., Respondents. Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Respondents, v. Iron Bridge Constructors, Inc., Third-Party Defendants-Appellants, et al., Third-Party Defendant. Robert Peoples, Plaintiff, v. City of New York et al., Defendants, and Metropolitan Transportation Authority et al., Respondents. Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Respondents, v. Iron Bridge Constructors, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided October 8, 2019.


Plaintiffs Gavonich and South established prima facie that defendants are liable for their injuries under Labor Law § 240(1) by submitting evidence that they fell to the ground and were injured when the lift truck upon which they were working moved when it was struck by a passing bus (Alomia v New York City Tr. Auth., 292 A.D.2d 403, 405 [2d Dept 2002]; see Zengotita v JFK Intl...

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