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MALTESE v. PORT OF AUTH. OF N.Y. & N.J.

Index No. 22496/15E. Appeal No. 14709. Case No. 2021-00472.

199 A.D.3d 612 (2021)

157 N.Y.S.3d 436

2021 NY Slip Op 06654

Antonio Maltese et al., Respondents, v. Port of Authority of New York and New Jersey, Appellant, et al., Defendants. (And Other Third-Party Actions.)

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

London Fischer LLP, New York ( Cory M. Barkoff of counsel), for appellant.

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Plaintiff Antonio Maltese established prima facie that his injuries were proximately caused by a violation of Labor Law § 240(1) by testifying that he fell when an unsecured extension ladder slid and collapsed under him (see Panek v County of Albany, 99 N.Y.2d 452, 458 [2003]; Rodriguez v BSREP UA Heritage LLC, 181 A.D.3d 537, 538 [1st Dept 2020]).

In opposition, defendant Port...

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