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GUTIERREZ v. TURNER TOWERS TENANTS CORP.

Index No. 306800/12E. Appeal No. 15209-15209A. Case Nos. 2020-04814, 2021-01917.

202 A.D.3d 437 (2022)

2022 NY Slip Op 00722

Michael Gutierrez, Respondent, v. Turner Towers Tenants Corp. et al., Appellants, and Triborough Scaffolding & Hoisting, Respondent, et al., Defendants. JVS Exteriors Inc., Third-Party Plaintiff-Appellant, v. Pofi Construction Company, Third-Party Defendant-Respondent.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Fern Flomenhaft PLLC, New York ( Christopher G. Keane of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for Michael Gutierrez, respondent.

Kiernan Trebach, LLP, Garden City ( Thomas E. Fogarty of counsel), for Triborough Scaffolding & Hoisting, respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for Pofi Construction Company, respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Plaintiff was injured when he fell from a sidewalk bridge after stepping on a rotted wood plank that broke beneath him. These facts demonstrate a prima facie violation of Labor Law § 240(1) by owner Turner and general contractor JVS (see Serrano v TED Gen. Contr., 157 A.D.3d 474, 474 [1st Dept 2018]; Barraco v First Lenox Terrace Assoc., 25 A.D.3d 427, 428 [1st Dept 2006]). Regardless...

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