INGRATI v. AVALONBAY COMMUNITIES, INC.

Index No. 150134/15. Appeal No. 14809. Case No. 2021-02320.

200 A.D.3d 492 (2021)

155 N.Y.S.3d 90

2021 NY Slip Op 06921

Michael Ingrati et al., Appellants, v. Avalonbay Communities, Inc., Respondent.

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

Decided December 9, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Jillian Rosen of counsel), for appellants.

Harrington, Ocko & Monk, LLP, White Plains ( Matthew R. Bremner of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.


Plaintiffs' evidence in support of summary judgment on liability on their Labor Law § 241(6) claim established prima facie entitlement to relief, since photographs and deposition testimony established broken concrete and brick, as well as lighter-colored dried concrete pieces in the same area on the sidewalk where the injured plaintiff slipped or tripped. Furthermore, the sidewalk area outside the front of the building under...

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