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PENA v. JANE H. GOLDMAN RESIDUARY TRUST NUMBER 1

5791. 301044/15.

158 A.D.3d 565 (2018)

71 N.Y.S.3d 58

2018 NY Slip Op 01255

JUAN PENA, Respondent, v. JANE H. GOLDMAN RESIDUARY TRUST NUMBER 1 et al., Appellants, et al., Defendants.

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

Decided February 22, 2018.

Plaintiff established entitlement to judgment as a matter of law on the issue of liability on his Labor Law § 240 (1) cause of action as against SGI. Plaintiff submitted his deposition testimony, which showed that he was injured when the unsecured and damaged ladder upon which he was working wobbled, causing him to fall (see Goreczny v 16 Ct. St. Owner LLC, 110 A.D.3d 465 [1st Dept 2013]).

SGI's opposition failed to...

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