Plaintiff Manuel Rubio established prima facie defendants' violation of Labor Law § 240(1), as he showed that a plywood sheet covering a three-foot deep trench at the construction site where he was working gave way when he walked across it, causing him to fall into the trench below and suffer injury. The unsecured plywood sheet through which plaintiff fell was an inadequate safety device (see Alonzo v Safe Harbors of the Hudson Hous. Dev. Fund Co., Inc.,
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RUBIO v. NEW YORK PROTON MGT., LLC
Index No. 155828/17. Appeal No. 13269. Case No. 2020-04535.
192 A.D.3d 438 (2021)
143 N.Y.S.3d 350
2021 NY Slip Op 01342
Manuel Rubio et al., Respondents, v. New York Proton Management, LLC, et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 4, 2021.
Decided March 4, 2021.
Attorney(s) appearing for the Case
Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondents.
Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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