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NATOLI v. CITY OF NEW YORK

10991.

180 A.D.3d 477 (2020)

120 N.Y.S.3d 2

2020 NY Slip Op 00988

Nicholas Natoli, Respondent, v. City of New York et al., Appellants.

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

Decided February 11, 2020.

In a prior appeal, we determined that a triable issue of fact existed as to the weight of the wooden pallet/skid involved in plaintiff's accident, and whether a safety device was therefore required by Labor Law § 240(1) when plaintiff and a coworker were attempting to move it (see 148 A.D.3d 489 [1st Dept 2017]). At trial, plaintiff's expert engineer testified that, based on its size, weight, and configuration, it was unsafe...

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