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SINGH v. HANOVER ESTATES, L.L.C.

276 A.D.2d 394 (2000)

714 N.Y.S.2d 713

HARDEV SINGH et al., Respondents, v. HANOVER ESTATES, L. L. C., Appellant.

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

Decided October 24, 2000.

Plaintiff established a prima facie case with evidence that as he was descending from a 10-foot high scaffold, it tipped, causing him to fall to the ground (see, Arce v 1133 Bldg. Corp., 257 A.D.2d 515; Garcia v 1122 E. 180th St. Corp., 250 A.D.2d 550). Defendant's evidence that the scaffold was observed upright shortly after plaintiff's fall is insufficient to raise an issue of fact as...

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