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AGLI v. 21 E. 90 APTS. CORP.

Docket No. 156425/16. Appeal No. 14033. Case No. 2021-00062.

195 A.D.3d 458 (2021)

149 N.Y.S.3d 72

2021 NY Slip Op 03540

Michael Agli, Jr., Respondent, v. 21 East 90 Apartments Corp. et al., Appellants, et al., Defendant.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Gallo Vitucci & Klar LLP, New York ( William Parra of counsel), for appellants.

Pena & Kahn, PLLC, Bronx ( Jeffrey J. Schietzelt of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, González, JJ.

Plaintiff was entitled to summary judgment as to liability on his Labor Law § 240(1) claim (see Dirschneider v Rolex Realty Co. LLC, 157 A.D.3d 538, 539 [1st Dept 2018]). Plaintiff testified that he was injured as he and two coworkers employed by nonparty Dunwell Elevator Electrical Industries were attempting to lower a steel bedplate weighing approximately 500 pounds down an exterior flight of stairs on a hand truck. Plaintiff...

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