INGRATI v. AVALONBAY COMMUNITIES, INC.

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

204 A.D.3d 497 (2022)

164 N.Y.S.3d 456

2022 NY Slip Op 02494

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

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

Decided April 14, 2022.


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 construction was shown to be a "working area...

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