PIERRAKEAS v. 137 E. 38TH ST. LLC

10451. 157414/14.

177 A.D.3d 574 (2019)

114 N.Y.S.3d 318

2019 NY Slip Op 08539

Vasilios Pierrakeas, Respondent, v. 137 East 38th Street LLC, Appellant.

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

Decided November 26, 2019.


Whether plaintiff slipped from the rung of the ladder or the ladder tipped over as he sought to steady himself while descending it, plaintiff's testimony established prima facie that defendant failed to provide a safety device to insure that the ladder would remain upright while plaintiff used it to perform his statutorily covered work; plaintiff was not required to show that the ladder was defective (Labor Law § 240[1]; ...

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