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BROWN v. 43-25 HUNTER, L.L.C.

10440. 23260/15.

178 A.D.3d 493 (2019)

111 N.Y.S.3d 849

2019 NY Slip Op 08919

Abdul Brown et al., Respondents, v. 43-25 Hunter, L.L.C., et al., Appellants.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for appellants.

Sacks & Sacks, LLP, New York (Scott N. Singer of counsel), for respondents.

Concur— Mazzarelli, J.P., Kapnick, Gesmer, Moulton, JJ.

Plaintiffs established prima facie entitlement to partial summary judgment on the sections 240(1) and 241(6) claims. Plaintiff Abdul Brown testified that he slipped and fell from a wobbly wet ladder, and his foreman provided an affidavit that was consistent with plaintiff's account of the fall (see e.g. Garcia v Church of St. Joseph of the Holy Family of the City of N.Y., 146 A.D.3d 524, 525-526 [1st Dept 2017]; Rizzo v Hellman...

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