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FRASER v. CITY OF NEW YORK

5594. 153101/12.

158 A.D.3d 428 (2018)

67 N.Y.S.3d 815

2018 NY Slip Op 00626

ANDREW FRASER, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 1, 2018.

The record does not support defendants' argument that plaintiff was the sole proximate cause of the accident or was a recalcitrant worker since a proximate cause of his accident was the failure of the chain fall to adequately support the load that spun down and struck him, knocking him from the beam on which he was working to the ground below (see Berrios v 735 Ave. of the Ams., LLC, 82 A.D.3d 552, 553 [1st Dept 2011]; Ray v City...

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