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LAPORTA v. PPC COMMERCIAL, LLC

Ind. No. 30930/18E. Appeal No. 15785. Case No. 2021-02777.

204 A.D.3d 538 (2022)

165 N.Y.S.3d 283

2022 NY Slip Op 02624

Salvatore Laporta, Appellant, v. PPC Commercial, LLC, Respondent, et al., Defendant.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Siegel & Coonerty, LLP, New York ( Steven Aripotch , of counsel) for appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( Paul M. Tarr , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

Plaintiff established prima facie that PPC is liable under Labor Law § 240(1) through plaintiff and his coworker's affidavits that the unstable eight-foot A-frame ladder, which was missing rubber feet, shifted, causing him to fall (see Garces v Windsor Plaza, LLC., 189 A.D.3d 539, 539 [1st Dept 2020]). It was undisputed that PPC was the owner of the property. Plaintiff also established that his work of retrofitting light fixtures...

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