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CIBOROWSKI v. 228 THOMPSON REALTY, LLC

Index No. 152844/15. Appeal No. 12557. Case No. 2020-01670.

189 A.D.3d 428 (2020)

137 N.Y.S.3d 22

2020 NY Slip Op 07268

Tomasz Ciborowski, Appellant, v. 228 Thompson Realty, LLC, Respondent.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Haworth Barber & Gerstman, LLC, New York ( Tara Fappiano of counsel), for appellant.

The Perecman Firm, P.L.L.C., New York ( Peter D. Rigelhaupt of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

Plaintiff established prima facie a violation of Labor Law § 240(1) and an injury proximately caused by that violation by testifying that the ladder on which he was standing to paint a wall wobbled and caused him to lose his balance and fall (Ocana v Quasar Realty Partners L.P., 137 A.D.3d 566 [1st Dept 2016], lv dismissed 27 N.Y.3d 1078 [2016]). In opposition, defendant failed to raise...

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