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SANCHEZ v. 1 BURGESS RD., LLC

Index No. 303466/16. Appeal No. 14094. Case No. 2021-00659.

195 A.D.3d 531 (2021)

145 N.Y.S.3d 798

2021 NY Slip Op 03928

Gregorio Sanchez, Respondent, v. 1 Burgess Road, LLC, Appellant.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Harrington, Ocko & Monk, LLP, White Plains ( Adam G. Greenberg of counsel), for appellant.

Gorayeb & Associates, P.C., New York ( Martin J. Moskowitz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Plaintiff's testimony that he fell 20 feet to the ground when scaffold planks on which he was working broke or came loose showed prima facie that his injuries were proximately caused by a violation of Labor Law § 240(1) (see Jerdonek v 41 W. 72 LLC, 143 A.D.3d 43, 45 [1st Dept 2016]). Whether he fell about 6, 8, or 20 feet, or whether he fell directly through the middle of the scaffold is not dispositive, since the statute was...

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