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MENA v. 485 SEVENTH AVE. ASSOC. LLC

Index No. 20345/17E. Appeal No. 14560. Case No. 2021-00208.

199 A.D.3d 420 (2021)

153 N.Y.S.3d 865

2021 NY Slip Op 06049

Edwin Mena, Respondent, v. 485 Seventh Avenue Associates LLC, et al., Appellants.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

O'Toole Scrivo, LLC, New York ( Larry C. Green of counsel), for appellants.

Kenneth J. Gorman , New York, for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

Plaintiff alleges that he was performing demolition, using a motorized chipping hammer to remove part of a wall directly adjacent to the ceiling, when a concrete slab from the ceiling collapsed on him, knocking him five and one-half to six feet off a scaffold and onto the ground.

To prevail on a Labor Law § 240(1) claim based on an injury resulting from the failure of a completed and permanent building structure—...

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