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GUAMAN v. CITY OF NEW YORK

5682. 150047/14.

158 A.D.3d 492 (2018)

71 N.Y.S.3d 29

2018 NY Slip Op 01025

MANUEL GUAMAN, Respondent, v. CITY OF NEW YORK et al., Appellants. D'ONOFRIO GENERAL CONTRACTORS CORP., Third-Party Plaintiff-Respondent-Appellant, v. YUKON ENTERPRISES, INC., Third-Party Defendant-Respondent-Appellant/Second Third-Party Plaintiff-Respondent-Appellant. DIEGO CONSTRUCTION, INC., Second Third-Party Defendant-Respondent-Appellant.

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

Decided February 13, 2018.

Contrary to plaintiff's argument, a fall through an unguarded opening in the floor of a construction site constitutes a violation of Labor Law § 240 (1) only where a safety device adequate to prevent such a fall was not provided (Burke v Hilton Resorts Corp., 85 A.D.3d 419 [1st Dept 2011]; Kielar v Metropolitan Museum of Art, 55 A.D.3d 456, 458 [1st Dept 2008]; John v Baharestani...

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