VALDEZ v. CITY OF NEW YORK

22612/16E. Appeal No. 12498. Case No. 2019-04167.

189 A.D.3d 425 (2020)

132 N.Y.S.3d 777

2020 NY Slip Op 07150

Adan R. Valdez, Respondent, v. City of New York et al., Appellants.

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

Decided December 1, 2020.


Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Jacqueline Pena of counsel), for appellants.

The Weinstein Law Group, PLLC, New York ( Steven M. Weinstein of counsel), for respondent.

Concur— Gische, J.P., Webber, Oing, Mendez, JJ.


Plaintiff testified that he was injured while pointing bricks at defendants' school when the inverted milk crate on which he was standing atop planks of a scaffold shifted unexpectedly, causing him to fall backward and strike his head on a bar of the scaffold. This testimony establishes prima facie that plaintiff's pointing work exposed him to an elevation-related risk against which defendants failed to provide him with proper...

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