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MILLLIGAN v. TUTOR PERINI CORP.

Index No. 162126/14. Appeal No. 13036. Case No. 2020-03341.

191 A.D.3d 437 (2021)

137 N.Y.S.3d 702

2021 NY Slip Op 00630

George Millligan, Appellant, v. Tutor Perini Corporation et al., Respondents. (And a Third-Party Action.).

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

The Feld Law Firm P.C., Harrison ( David L. Feld of counsel), for appellant.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Michael E. Shay of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

Plaintiff testified that he was injured when he fell while using a wet and slippery wooden ladder provided by defendants for him to move between the tenth and eleventh floors of the construction site to perform his work. This testimony established prima facie that plaintiff's work exposed him to an elevation-related risk against which defendants failed to provide him with proper protection, as required by Labor Law § 240(1...

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