TOURAY v. HFZ 11 BEACH ST. LLC

11031.

180 A.D.3d 507 (2020)

115 N.Y.S.3d 877

2020 NY Slip Op 01029

Dawda Touray, Respondent, v. HFZ 11 Beach Street LLC, Appellant.

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

Decided February 13, 2020.


Plaintiff established prima facie entitlement to partial summary judgment on his Labor Law § 240(1) claim. The evidence shows that plaintiff and his coworkers were moving an A-frame cart, loaded with approximately 16 cement boards measuring four feet by eight feet in dimension and weighing approximately 100 pounds each, when its wheel became stuck and the cart would not move. Plaintiff and his coworkers then pushed and pulled the cart to free it, and, in the process...

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