CAMACHO v. IRONCLAD ARTISTS INC.

9813. 161948/14.

174 A.D.3d 426 (2019)

101 N.Y.S.3d 845

2019 NY Slip Op 05475

Joaquin F. Escobar Camacho, Respondent, v. Ironclad Artists Inc. et al., Appellants. Beggars Capital LLC, Second Third-Party Plaintiff, v. The Palombo Group Inc., Second Third-Party Defendant-Appellant. (And a Third-Party Action.)

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

Decided July 9, 2019.


Plaintiff was injured in a fall from a scaffold. It is undisputed that the scaffold he was supplied with and directed to use lacked guard rails and that he fell off when the scaffold tipped. Plaintiff was not provided with any other safety devices. This evidence establishes prima facie a violation of Labor Law § 240 (1) (see Celaj v Cornell, 144 A.D.3d 590 [1st Dept 2016]; see also Vergara v SS 133 W. 21, LLC,

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