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MACEDO v. J.D. POSILLICO, INC.

1731, 108316/06, 85252/06, 1732, 1733

68 A.D.3d 508 (2009)

2009 NY Slip Op 9158

891 N.Y.S.2d 46

JONAS MACEDO, Respondent, v. J.D. POSILLICO, INC., Appellant-Respondent, et al., Defendant. J.D. POSILLICO, INC., Third-Party Plaintiff-Respondent, v. CARABIE CORP., Third-Party Defendant-Appellant. JONAS MACEDO, Appellant, v. J.D. POSILLICO, INC., Respondent, et al., Defendant. J.D. POSILLICO, INC., Third-Party Plaintiff-Respondent, v. CARABIE CORP., Third-Party Defendant-Respondent.

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

Decided December 10, 2009.

Plaintiff met his prima facie burden of establishing that he was performing work covered by section 240 (1). It is undisputed that he was working on an elevated platform, attempting to lift a cone hanging from a rope, when he and a coworker fell from the platform (see Landgraff v 1579 Bronx Riv. Ave., LLC, 18 A.D.3d 385 [2005]; Kyle v City of New York, 268 A.D.2d 192 [2000], lv denied...

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