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FLETCHER v. BROOKFIELD PROPERTIES

2352, 150732/13.

145 A.D.3d 434 (2016)

2016 NY Slip Op 08105

41 N.Y.S.3d 700

ROBERT FLETCHER, JR., Appellant, v. BROOKFIELD PROPERTIES et al., Respondents.

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

Decided December 1, 2016.

Plaintiff established his entitlement to partial summary judgment on his Labor Law § 240 (1) claim through witnesses' testimony that the ladder from which he was descending suddenly kicked out to the left, resulting in his fall (see Fanning v Rockefeller Univ., 106 A.D.3d 484 [1st Dept 2013]). Contrary to the motion court's finding, plaintiff was not required to demonstrate that the ladder was defective in order to satisfy his...

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