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PIEDRA v. 111 W. 57TH PROP. OWNER LLC

Index No. 159441/17. Appeal No. 611. Case No. 2023-01763.

219 A.D.3d 1235 (2023)

196 N.Y.S.3d 64

2023 NY Slip Op 04737

Joohonny F. Piedra, Respondent, v. 111 West 57th Property Owner LLC et al., Appellants.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Malapero Prisco & Klauber LLP, New York ( Tracy Frankel of counsel), for appellants.

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about September 23, 2022, which, insofar as appealed as limited by the briefs, granted plaintiff's motion for summary judgment on liability on his Labor Law § 241(6) claim predicated on Industrial Code (12 NYCRR) § 23-1.7(e)(2), unanimously affirmed, without costs.

Plaintiff established prima facie entitlement to summary judgment by testifying that he slipped on a piece of wood...

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