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GOMEZ v. TRINITY CTR. LLC

Index No. 301606/16. Appeal No. 14063. Case No. 2020-02652.

195 A.D.3d 502 (2021)

145 N.Y.S.3d 352

2021 NY Slip Op 03810

Jose G. Gomez, Respondent, v. Trinity Centre LLC, Appellant, et al., Defendant.

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

Decided June 15, 2021.

Attorney(s) appearing for the Case

Cartafalsa, Turpin & Lenoff, New York ( Louis A. Carotenuto of counsel), for appellant.

Gorayeb & Associates, New York ( Jonathan D. Moran of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Moulton, JJ.

Plaintiff, a construction worker who fell between 16 and 24 feet to the ground when the corrugated metal flooring of the sidewalk bridge on which he was standing while dismantling the bridge bent downward, established prima facie a violation of Labor Law § 240(1) and that the violation was a proximate cause of his injuries (see Aburto v City of New York, 94 A.D.3d 640 [1st Dept 2012...

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