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McLEAN v. TISHMAN CONSTRUCTION CORPORATION

2223, 151890/13.

144 A.D.3d 534 (2016)

2016 NY Slip Op 07754

40 N.Y.S.3d 771

LOREN McLEAN et al., Appellants, v. TISHMAN CONSTRUCTION CORPORATION et al., Respondents.

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

Decided November 17, 2016.

The injured plaintiff testified that a metal beam, while being placed on a flatbed truck, fell off the blades of a forklift, slamming plaintiff's foot and causing him to fall off the truck. This unrefuted testimony established prima facie that "plaintiff's injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential" and therefore that...

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