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GRECA v. CHOICE ASSOC. LLC

22075/17E. Appeal No. 14739. Case No. 2021-01706.

200 A.D.3d 415 (2021)

154 N.Y.S.3d 780

2021 NY Slip Op 06759

Bledar Greca et al., Appellants, v. Choice Associates LLC, Respondent, et al., Defendants. (And Third-Party Actions.).

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

The Dauti Law Firm, PC, New York ( Y. Albert Dauti of counsel), for appellants.

Goetz Schenker Blee & Wiederhorn LLP, New York ( Lisa De Lindsay of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

Plaintiffs established prima facie that defendant Choice is liable to them under Labor Law § 240(1) and § 241(6) predicated on Industrial Code (12 NYCRR) § 23-1.7(b)(1)(i) through plaintiff Bledar Greca's (plaintiff) testimony that he was injured while working on the fifth floor of defendant Choice's property when a piece of wood that had been placed as a temporary path shifted, causing him to fall through an open area between beams. Plaintiff testified that...

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