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ZHERKA v. HUDSON MERIDIAN CONSTR. GROUP LLC

Index No. 27365/18, Appeal No. 16096, Case No. 2021-03468.

206 A.D.3d 445 (2022)

167 N.Y.S.3d 790

2022 NY Slip Op 03704

Ilir Zherka, Respondent, v. Hudson Meridian Construction Group LLC et al., Appellants.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Coffey Modica O'Meara Capowski, LLP, White Plains ( John F. Watkins of counsel), for appellants.

Chirico Law PLLC, Brooklyn ( Vincent Chirico of counsel), for respondent.

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

Defendants do not dispute that the beam fell on plaintiff due to the absence or inadequacy of a safety device (see Narducci v Manhasset Bay Assoc., 96 N.Y.2d 259, 268 [2001]). However, they failed to submit evidence in support of their contention that plaintiff was the sole proximate cause of the accident because he failed to heed the general contractor's instruction to stop work until the proper devices were obtained. They did not...

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