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MARTINEZ v. GHORTA

25388/16E. Appeal No. 12948. Case No. 2020-02916.

190 A.D.3d 615 (2021)

140 N.Y.S.3d 37

2021 NY Slip Op 00389

Longino Martinez, Respondent, v. Jaswinder Singh Ghorta et al., Appellants, et al., Defendants.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Sol Kodsi , New York, for appellants.

Wingate, Russotti, Shapiro & Halperin, LLP, New York ( David M. Schwarz of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

Plaintiff established prima facie defendants' liability under Labor Law § 240(1) by showing that his injuries resulted "directly from the application of the force of gravity to the [metal jack]" he was using, which toppled over, struck him in the head and knocked him to the ground, and that he had not been provided with an adequate safety device (see Runner v New York Stock Exch., Inc., 13 N.Y.3d 599...

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