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GUITY v. 400 GREAT NECK RD. REALTY, LLC

Index No. 21587/16E. Appeal No. 12547. Case No. 2020-01778.

189 A.D.3d 433 (2020)

137 N.Y.S.3d 18

2020 NY Slip Op 07274

Marco Guity, Respondent, v. 400 Great Neck Road Realty, LLC, Defendant, and Nicolia's LLC, Appellant. (And a Third-Party Action.).

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York ( Nicole Galletta of counsel), for appellant.

The Platta Law Firm, PLLC, New York ( Brian J. Vannella of counsel), for respondent.

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

Plaintiff made a prima facie showing that he was injured while performing demolition work at defendant's premises, when he fell through a partially collapsed roof, and that he was not provided with proper safety equipment to protect him against the elevation-related risk (see Mihelis v i.park Lake Success, LLC, 56 A.D.3d 355 [1st Dept 2008]; Ortiz v SFDS Dev., 274 A.D.2d 341 [1st Dept 2000...

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