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FLORES v. METROPOLITAN TRANSP. AUTH.

161735/14. 6581. 6580.

164 A.D.3d 418 (2018)

84 N.Y.S.3d 434

2018 NY Slip Op 05734

Rafael Flores, Appellant-Respondent, v. Metropolitan Transportation Authority et al., Respondents-Appellants.

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

Decided August 9, 2018.

The motion court erred in denying plaintiff's motion for partial summary judgment on his Labor Law § 240 (1) claim. Plaintiff established that the accident was proximately caused by defendants' failure to provide safety devices necessary to ensure protection from the gravity-related risks posed by the work he was engaged in, in violation of Labor Law § 240 (1) (see Naughton v City of New York, 94 A.D.3d 1, 6-8 [1st Dept...

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