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HAYEK v. METROPOLITAN TRANSP. AUTH.

Index No. 159259/17. Appeal No. 14140. Case No. 2020-04257.

195 A.D.3d 568 (2021)

146 N.Y.S.3d 479

2021 NY Slip Op 04103

Samuel Hayek et al., Appellants, v. Metropolitan Transportation Authority et al., Respondents.

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

Decided June 29, 2021.

Attorney(s) appearing for the Case

Sacks & Sacks, LLP, New York ( Scott N. Singer of counsel), for appellants.

Smith Mazure, PC, New York ( Louise M. Cherkis of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.

Plaintiff Samuel Hayek demonstrated prima facie entitlement to summary judgment on his Labor Law § 240(1) claim, where the undisputed evidence showed that he was injured when struck by an improperly hoisted or inadequately secured load of L-shaped steel rebar weighing between 2000 and 3000 pounds, while doing construction work at defendant Metropolitan Transportation Authority's Eastside Access project, below Grand Central Terminal (see Gallegos v Bridge Land Vestry...

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