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DEMETRIO v. CLUNE CONSTR. CO., L.P.

10229, 653686/16.

176 A.D.3d 621 (2019)

112 N.Y.S.3d 36

2019 NY Slip Op 07740

Massimo Demetrio, Respondent-Appellant, v. Clune Construction Company, L.P., et al., Appellants-Respondents, and E&N Construction Incorporated, Respondent, et al., Defendant.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Lewis Brisbois, Bisgaard & Smith, LLP, New York ( Nicholas Hurzeler of counsel), for appellants-respondents.

Fortunato & Fortunato, PLLC, Brooklyn ( Ronald W. Gill of counsel), for respondent-appellant.

Gallo Vitucci Klar LLP, Woodbury ( Anne Marie Garcia of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

Plaintiff established prima facie that his injuries were proximately caused by a failure to provide adequate safety devices to protect him from the elevation-related risk of falling into a trench while he was working on the construction site (see Labor Law § 240[1]; Gjeka v Iron Horse Transp., Inc., 151 A.D.3d 463 [1st Dept 2017]). He testified that the only safety device protecting workers from falling into the trench...

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