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GARCES v. WINDSOR PLAZA, LLC

Index No. 303401/16. Appeal No. 12633. Case No. 2019-04235.

189 A.D.3d 539 (2020)

138 N.Y.S.3d 23

2020 NY Slip Op 07495

Miguel Angel Garces, Respondent, v. Windsor Plaza, LLC., et al., Appellants, and Everest Scaffold Inc., Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. DeStefano of counsel), for appellants.

Pena & Kahn, PLLC, Bronx ( Jeffrey J. Schietzelt of counsel), for Miguel Angel Garces, respondent.

Marshall Dennehey Warner Coleman & Goggins, New York ( Richard C. Imbrogno of counsel), for Everest Scaffold Inc., respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Plaintiff made a prima facie showing that his injuries were proximately caused by violations of Labor Law § 240(1) by submitting his uncontradicted testimony that he fell off a metal A-frame ladder that was shaking and leaned unevenly toward one of its legs, which lacked a rubber protective foot (see Nieto v CLDN NY LLC, 170 A.D.3d 431 [1st Dept 2019]). Defendants Clarke and Windsor Plaza, LLC (the Clarke defendants) failed to raise issues of fact as to whether...

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