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CARPENTIERI v. 309 FIFTH AVE., LLC

11095.

180 A.D.3d 571 (2020)

119 N.Y.S.3d 463

2020 NY Slip Op 01269

Robert Carpentieri et al., Respondents, v. 309 Fifth Avenue, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided February 20, 2020.

Plaintiff made a prima facie showing that his injuries were caused by a violation of Labor Law § 240(1), by presenting his testimony that he was applying masking tape to a wall fixture to prepare for painting while standing on the top plank of a scaffold about four feet above the floor, when the plank flipped up, causing him to fall to the floor (see Mendez v Union Theol. Seminary in City of N.Y., 8...

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