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SINERA v. EMBASSY HOUSE EAT, LLC

24647/13E. Appeal No. 12380. Case No. 2019-2509.

188 A.D.3d 549 (2020)

132 N.Y.S.3d 609

2020 NY Slip Op 06731

Saikou Sinera, Respondent, v. Embassy House Eat, LLC, et al., Appellants, et al., Defendant.

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

Decided November 17, 2020.

Plaintiff testified that the ladder he was ascending, which was missing one of its plastic feet, moved and fell over while he was on it, thereby establishing prima facie defendants' liability under Labor Law § 240(1) (see Goreczny v 16 Ct. St. Owner LLC, 110 A.D.3d 465 [1st Dept 2013]). In opposition, defendants argue that plaintiff is not entitled to summary judgment because he was the sole proximate cause of his accident ...

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