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ROMANO v. ONE CITY BLOCK LLC

303911/15. Appeal No. 12185. Case No. 2020-00068.

187 A.D.3d 653 (2020)

131 N.Y.S.3d 143

2020 NY Slip Op 06073

Francesco Romano et al., Appellants, v. One City Block LLC et al., Respondents.

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

Decided October 27, 2020.

Plaintiffs established prima facie entitlement to summary judgment with the testimony of plaintiff Francesco Romano that the unsecured ladder on which he was performing work shifted and moved, causing him to fall (see Fanning v Rockefeller Univ., 106 A.D.3d 484, 484-485 [1st Dept 2013]). Plaintiff's affidavit did not conflict with his deposition testimony regarding how the accident occurred.

However, the accident report,...

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