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CORDOVA v. 653 ELEVENTH AVE. LLC

Index No. 26121/15E. Appeal No. 12986. Case No. 2020-02002.

190 A.D.3d 637 (2021)

140 N.Y.S.3d 230

2021 NY Slip Op 00490

Orbil Cordova, Appellant, v. 653 Eleventh Avenue LLC, Respondent. (And Third-Party Actions.).

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for appellant.

McGaw, Alventosa & Zajac, Jericho ( Ross P. Masler of counsel), for respondent.

Concur— Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Defendant was properly granted summary judgment dismissing the section 240(1) claim. Surveillance footage of plaintiff falling from the ladder demonstrates that it did not move or shake, refuting plaintiff's testimony to the contrary (Castro v Hatim, 174 A.D.3d 464, 464-465 [1st Dept 2019]; see also Holmes v McCrea, 186 A.D.3d 1043, 1045 [4th Dept 2020]). In addition, photographs taken soon after his fall show that the top of the ladder was connected to the...

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