Plaintiff's deposition testimony, that he was hired to dismantle portions of a 25-foot tall dust collecting tank on defendant's rooftop, which necessitated use of a ladder to access an opening in the tank that was approximately 14 feet above the roof's surface, established prima facie that he was engaged in an activity protected under Labor Law § 240(1) at the time he fell off the ladder (see Montalvo v J. Petrocelli Constr., Inc.,
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TERC v. 535 COSTER REALTY INC.
10163, 302163/16.
176 A.D.3d 562 (2019)
2019 NY Slip Op 07546
Domingo Feliz Terc, Appellant-Respondent, v. 535 Coster Realty Inc., Respondent-Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 22, 2019.
Decided October 22, 2019.
Attorney(s) appearing for the Case
Chirico Law PLLC, Brooklyn ( Vincent Chirico of counsel), for appellant-respondent.
Weiner, Millo, Morgan & Bonanno, LLC, New York ( Bryan Lipsky of counsel), for respondent-appellant.
Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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