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ROMAN v. ZAPCO 1500 INV., L.P.

Index No. 156146/2017, Appeal No. 16090, Case No. 2021-01397.

206 A.D.3d 439 (2022)

167 N.Y.S.3d 785

2022 NY Slip Op 03699

Geigel Martinez Roman, Appellant, v. Zapco 1500 Investment, L.P, Respondent.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( David Tolchin of counsel), for appellant.

Gilbert, McGinnis & Liferiedge, White Plains ( Kevin J. McGinnis of counsel), for respondent.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.

Plaintiff established prima facie that defendant is liable under Labor Law § 240(1) by submitting evidence that a 400-pound granite panel fell on him due to the absence of a safety device (see Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 18 N.Y.3d 1, 10 [2011]; Gericitano v Brookfield Props. OLP Co. LLC, 157 A.D.3d 622, 622 [1st Dept 2018...

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