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SANDE v. TRINITY CENTRE LLC

Index No. 150208/14. Appeal No. 12347. Case No. 2020-01709.

188 A.D.3d 505 (2020)

135 N.Y.S.3d 389

2020 NY Slip Op 06469

Thomas Sande et al., Appellants, v. Trinity Centre LLC et al., Respondents. Tricon Construction LLC, Third-Party Plaintiff-Respondent, v. A.C. Electric of New York, Inc., Third-Party Defendant-Respondent.

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

Decided November 12, 2020.

The court correctly denied plaintiffs' motion as to the Labor Law § 200 claim on the ground that plaintiffs failed to make a prima facie showing that defendants were on notice of the pile of debris that caused the injured plaintiff's accident (see Canning v Barneys N.Y., 289 A.D.2d 32 [1st Dept 2001]). Their expert, who was not a witness, could not speak to, and did not address, the issue of defendants' notice of the pile of...

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