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SANGARE v. 985 BRUCKNER BOULEVARD HOUSING DEVELOPMENT FUND CORPORATION

Index No. 22146/19E. Appeal No. 17153. Case No. 2022-00577.

212 A.D.3d 547 (2023)

180 N.Y.S.3d 535

2023 NY Slip Op 00290

Aboulaye Sangare, Respondent, v. 985 Bruckner Boulevard Housing Development Fund Corporation et al., Appellants.

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

Decided January 24, 2023.

Attorney(s) appearing for the Case

London Fischer LLP, New York ( Brian A. Kalman of counsel), for appellants.

Bergstein & Ullrich, New Paltz ( Stephen Bergstein of counsel), for respondent.

Concur—Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 13, 2022, which granted plaintiff's motion for partial summary judgment on liability on his Labor Law § 240(1) claim, unanimously affirmed, without costs.

Plaintiff made a prima facie showing of entitlement to partial summary judgment on liability on his Labor Law § 240(1) claim, when he testified that a scaffold above where he was cleaning collapsed, causing portions of it to strike...

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