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SIEGEL v. RRG FORT GREENE, INC.

1899, 102854/06, 1900, 590495/06

68 A.D.3d 675 (2009)

2009 NY Slip Op 9716

891 N.Y.S.2d 398

PETER SIEGEL, Respondent, v. RRG FORT GREENE, INC., et al., Respondents-Appellants, and JLS INDUSTRIES, INC., et al., Respondents. JLS INDUSTRIES, INC., Third-Party Plaintiff-Respondent, v. H & L ELECTRIC, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided December 29, 2009.

Plaintiff made a prima facie showing of liability under section 240 (1) by his testimony that the ladder tipped, causing him and the ladder to fall (see Panek v County of Albany, 99 N.Y.2d 452, 458 [2003]). In opposition, defendants and H&L failed to raise an issue of fact whether plaintiff's negligence was the sole proximate cause of the accident. Contrary to H&L's contention, plaintiff was not required to show that the...

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