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RODRIGUEZ v. MILTON BORON, LLC

Index No. 36182/17E. Appeal No. 14659. Case No. 2020-04829.

199 A.D.3d 537 (2021)

154 N.Y.S.3d 433

2021 NY Slip Op 06459

Julio Rodriguez, Appellant, v. Milton Boron, LLC, Respondent. (And Other Third-Party Actions.)

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Ginarte Gallardo Gonzalez & Winograd, LLP, New York ( Joel Celso of counsel), for appellant.

Fullerton Beck LLP, White Plains ( Edward J. Guardaro, Jr. of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

Plaintiff established prima facie entitlement to partial summary judgment on his Labor Law § 240(1) claim by submitting proof that he fell from an unsecured A-frame ladder that suddenly moved as he was reaching overhead to hardwire a new smoke and carbon monoxide detector to replace an inoperable hardwired smoke detector that he had just removed (see Estrella v GIT Indus., Inc., 105 A.D.3d 555, 555 [1st Dept 2013]; Sacko...

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