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GONCALVES v. CITY OF NEW YORK

Index No. 31852/19. Appeal No. 17131. Case No. 2022-01803.

212 A.D.3d 502 (2023)

183 N.Y.S.3d 70

2023 NY Slip Op 00236

Liborio Goncalves, Appellant, v. City of New York, Respondent.

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

Decided January 19, 2023.

Attorney(s) appearing for the Case

Sakkas, Cahn & Weiss, LLP, New York ( Matthew Sakkas of counsel), for appellant.

Pisciotti Lallis Erdreich, White Plains ( Jie Shi Chen of counsel), for respondent.

Concur—Renwick, J.P., Webber, Moulton, González, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 7, 2022, which denied plaintiff's motion for partial summary judgment on the issue of Labor Law § 240(1) liability, unanimously affirmed, without costs.

The court properly denied plaintiff's motion for partial summary judgment because he failed to meet his prima facie burden of establishing that the alleged incident was the type of gravity-related event contemplated by Labor Law § 240...

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