AVILA v. SAINT DAVID'S SCH.

Index No. 302405/16. Appeal No. 12014. Case No. 2019-05410.

187 A.D.3d 460 (2020)

133 N.Y.S.3d 18

2020 NY Slip Op 05571

Juan Ramon Paz Avila, Appellant, v. Saint David's School et al., Respondents. (And a Third-Party Action.)

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

Decided October 8, 2020.


The undisputed facts show prima facie that defendants violated Labor Law § 240(1) by failing to provide adequate safety devices to plaintiff, who was injured doing demolition work when the unsecured ladder he was using to remove a ceiling was struck by a piece of falling metal debris, causing him and the ladder to fall to the ground (see Caceres v Standard Realty Assoc., Inc., 131 A.D.3d 433, 433-434 [1st Dept 2015], appeal...

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