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GONZALEZ v. DOLP 205 PROPS. II, LLC

Index No. 158194/14, Appeal No. 16128, Case No. 2020-04948.

206 A.D.3d 468 (2022)

171 N.Y.S.3d 61

2022 NY Slip Op 03868

Christian Gonzalez, Respondent, v. DOLP 205 Properties II, LLC, et al., Appellants-Respondents. DOLP 205 Properties II, LLC, et al., Third-Party Plaintiffs-Appellants-Respondents, v. Amick Construction Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided June 14, 2022.

Attorney(s) appearing for the Case

Fabiani Cohen & Hall LLP, New York ( Allison A. Snyder , of counsel) for appellants-respondents.

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Kenneth J. Kutner , of counsel) for respondent-appellant.

Gorayeb & Associates, P.C., New York ( Jonathan D. Moran , of counsel) for respondent.

Concur— Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ.

To prevail on a Labor Law § 240(1) claim, a plaintiff must demonstrate the existence of an elevation-related hazard contemplated by the statute and that the failure to provide an appropriate safety device proximately caused injury (Berg v Albany Ladder Co., Inc., 10 N.Y.3d 902, 904 [2008]).

Here, given the nature of the work plaintiff was performing at the time of his accident, the distance he fell presented a physically...

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