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MIKENSHINA v. TISHMAN CONSTR. CORP.

155373/12. Appeal No. 12064. Case No. 2019-3824.

187 A.D.3d 546 (2020)

130 N.Y.S.3d 656

2020 NY Slip Op 05818

Olga Mikenshina, Appellant, v. Tishman Construction Corporation et al., Respondents. (And a Third-Party Action.)

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

Decided October 15, 2020.

Defendants established prima facie, through photographic and testimonial evidence, that the scaffolding handrail on which plaintiff's lanyard was caught, causing her to fall, was open and obvious and not inherently dangerous (see e.g. Matthews v Vlad Restoration Ltd., 74 A.D.3d 692 [1st Dept 2010]; Rivera v Victoria's Secret Stores, LLC, 130 A.D.3d 436 [1st Dept 2015]). Defendants also established...

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