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FERGUSON v. DURST PYRAMID, LLC

10667. 161274/14.

178 A.D.3d 634 (2019)

2019 NY Slip Op 09388

Shondel Ferguson et al., Appellants, v. Durst Pyramid, LLC, et al., Respondents, et al., Defendant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Sacks and Sacks, L.L.P., New York (Scott N. Singer of counsel), for appellants.

Cullen and Dykman LLP, New York (Kristy R. Eagan of counsel), for respondents.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.

The protection of Labor Law § 240(1) encompasses plaintiff Shondel Ferguson's fall while trying to access an elevated work platform by stepping up onto an inverted bucket, an inadequate safety device that failed to provide proper protection (see McKeighan v Vassar Coll., 53 A.D.3d 831, 831-833 [3d Dept 2008]; Wilson v Niagara Univ., 43 A.D.3d 1292, 1292-1293 [4th Dept 2007]).

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