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FRANCO v. 1221 AVENUE HOLDINGS, LLC

Index Nos. 302831/14, 83935/15. Appeal No. 12699. Case No. 2019-04971.

189 A.D.3d 615 (2020)

134 N.Y.S.3d 709

2020 NY Slip Op 07701

Mario Franco, Respondent, v. 1221 Avenue Holdings, LLC, et al., Appellants, et al., Defendant. 1221 Ave Holdings, LLC, Third-Party Plaintiff, v. W5 Group LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Wood, Smith, Henning & Berman LLP, New York ( Kevin T. Fitzpatrick of counsel), for appellants.

Rubin Law, PLLC, New York ( Denise A. Rubin of counsel), and Keith D. Silverstein & Associates, P.C., New York ( Keith D. Silverstein of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Plaintiff's testimony that he was injured during demolition work when an unsecured pipe fell from the ceiling and struck him, knocking him off a ladder, establishes prima facie that his injuries resulted "directly from the application of the force of gravity" and that, having failed to provide proper safety devices, defendants are liable for these injuries under Labor Law § 240(1) (see Runner v New York Stock Exch., Inc., 13 N.Y.3d 599

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