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MELAKU v. AGA 15TH ST., LLC

Index No. 153750/16. Appeal No. 13016. Case No. 2020-01673.

191 A.D.3d 410 (2021)

137 N.Y.S.3d 689

2021 NY Slip Op 00527

Michael Melaku, Respondent, v. AGA 15th Street, LLC, et al., Respondents-Appellants, and The College of St. Francis Xavier et al., Appellants-Respondents. (And a Third-Party Action.).

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., White Plains ( Sim R. Shapiro of counsel), for appellants-respondents.

O'Toole Scrivo, LLC, New York ( Michael C. Feinberg of counsel), for respondents-appellants.

The Perecman Firm, PLLC, New York ( David H. Perecman of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

Plaintiff was properly granted partial summary judgment on his Labor Law § 240(1) claim against AGA, Xavier, and R&R, as the A-frame step ladder tipped over and fell while he was standing on it to reach for a tool (see Rivera-Astudillo v Garden of Prayer Church of God in Christ, Inc., 176 A.D.3d 425, 425 [1st Dept 2019]; Gonzalez v 1225 Ogden Deli Grocery Corp., 158 A.D.3d 582, 583 [1st Dept 2018]). Contrary to defendants...

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