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GILLANI v. 66TH STREET WOODSIDE PROPERTY, LLC

63 A.D.3d 678 (2009)

879 N.Y.S.2d 727

MUKHTAR H. GILLANI, Respondent, v. 66TH STREET WOODSIDE PROPERTY, LLC, et al., Defendants, and AFA CONSTRUCTION CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided June 2, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that the extension ladder on which he was working slipped out from underneath him, causing him to fall. The ladder had been placed by his supervisor on an uneven surface and lacked rubber feet (see Klein v City of New York, 89 N.Y.2d 833 [1996...

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