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CASHBAMBA v. 1056 BEDFORD LLC

8290. 306059/12. 83703/13.

168 A.D.3d 638 (2019)

92 N.Y.S.3d 37

2019 NY Slip Op 00690

Angel Leonides Cashbamba, Appellant-Respondent, v. 1056 Bedford LLC et al., Respondents-Appellants, et al., Defendant. 1056 Bedford LLC et al., Third-Party Plaintiffs-Respondents-Appellants, v. Constructor Luna Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided January 31, 2019.

Plaintiff should have been granted partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim. There is no dispute that plaintiff fell from the seventh floor to the sixth floor of the building on which he was working, a distance of approximately nine feet. Further, it is undisputed that there were no safety harnesses or other safety devices for plaintiff to use. "Thus, the fact that the parties offered...

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