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HEER v. NORTH MOORE STREET DEVELOPERS, L.L.C.

61 A.D.3d 617 (2009)

878 N.Y.S.2d 310

BHUPINDER HEER, Appellant, v. NORTH MOORE STREET DEVELOPERS, L.L.C., et al., Respondents. (And Other Actions.)

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

Decided April 30, 2009.

The lack of witnesses to the accident and plaintiff's inability to recall how the accident happened notwithstanding, plaintiff submitted sufficient admissible proof to establish prima facie that his head injury was the result of a fall from a sidewalk bridge at his work site (see e.g., Felker v Corning Inc., 90 N.Y.2d 219, 224-225 [1997]; Angamarca v New York City Partnership Hous. Dev. Fund Co., Inc., 56...

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