PLAKU v. 1622 VAN BUREN LLC

Index No. 28785/16E. Appeal No. 14284. Case No. 2021-00322.

198 A.D.3d 431 (2021)

152 N.Y.S.3d 313

2021 NY Slip Op 05311

Guxim Plaku, Appellant, v. 1622 Van Buren LLC, Respondent. (And a Third-Party Action.)

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

Decided October 5, 2021.


Attorney(s) appearing for the Case

The Cakani Law Firm, P.C., New York ( Ylli Cakani of counsel), for appellant.

Gallo Vitucci Klar LLP, New York ( Debbie-Ann R. Morley of counsel), for respondent.

Concur—Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.


Plaintiff construction worker established prima facie entitlement to partial summary judgment on his Labor Law § 240(1) claim by submitting proof that he was injured when a closed, unsecured A-frame ladder—upon which he stood to cast debris into a dumpster—shifted from its propped position against the dumpster and caused him to lose his balance and suffer an injurious fall. In opposition, defendant property owner argued that plaintiff's alleged disregard...

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