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SAAVEDRA v. 111 JOHN REALTY CORP.

10705, 161750/15.

179 A.D.3d 442 (2020)

115 N.Y.S.3d 303

2020 NY Slip Op 00082

Jose M. Saavedra, Respondent, v. 111 John Realty Corp. et al., Appellants. 111 John Realty Corp. et al., Third-Party Plaintiffs-Respondents-Appellants, v. The Daniel Mathews Group, Ltd., Third-Party Defendant, and The Daniel Mathews Group USA, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided January 7, 2020.

Plaintiff established a prima facie case of a Labor Law § 240(1) violation with undisputed evidence that his accident occurred when the scaffold on which he was working collapsed (Noah v 270 Lafayette Assoc., 233 A.D.2d 108, 108 [1st Dept 1996]). In opposition, defendants failed to raise an issue of fact as to whether plaintiff was the sole proximate cause of his accident, because, even if, as they contend, plaintiff was instructed...

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