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TAOPANTA v. 1211 6TH AVE. PROP. OWNER, LLC.

Index Nos. 150079/18, 595874/18 Appeal No. 16805 Case No. 2021-03596.

212 A.D.3d 566 (2023)

182 N.Y.S.3d 90

2023 NY Slip Op 00385

Jorge Fares Taopanta, Appellant, v. 1211 6th Avenue Property Owner, LLC., et al., Respondents. Benchmark Builders, Inc., Third-Party Plaintiff-Respondent, v. Liberty Contracting Corp., Third-Party Defendant-Respondent.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac , of counsel), for appellant.

Bartlett LLP, Central Islip ( Anne Marie Garcia of counsel), for 1211 6th Avenue Property Owner, L.L.C., Twenty-First Century Fox America Inc., Cushman and Wakefield, Inc., and Benchmark Builders, Inc., respondents.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for Liberty Contracting Corp., respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Gesmer, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered July 9, 2021, which denied plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim, unanimously reversed, on the law, without costs, and plaintiff's motion granted.

Plaintiff was injured while he and two coworkers were disposing of construction debris, including a glass and metal door, by lifting it into a truck by hand when the door fell, causing plaintiff's hand...

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