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GUTIERREZ v. TURNER TOWERS TENANTS CORP.

Index No. 306800/12E. Appeal No. 15209-15209A. Case Nos. 2020-04814, 2021-01917.

202 A.D.3d 437 (2022)

2022 NY Slip Op 00722

Michael Gutierrez, Respondent, v. Turner Towers Tenants Corp. et al., Appellants, and Triborough Scaffolding & Hoisting, Respondent, et al., Defendants. JVS Exteriors Inc., Third-Party Plaintiff-Appellant, v. Pofi Construction Company, Third-Party Defendant-Respondent.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Fern Flomenhaft PLLC, New York (Christopher G. Keane of counsel), for appellants.

Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for Michael Gutierrez, respondent.

Kiernan Trebach, LLP, Garden City (Thomas E. Fogarty of counsel), for Triborough Scaffolding & Hoisting, respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Pofi Construction Company, respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Plaintiff was injured when he fell from a sidewalk bridge after stepping on a rotted wood plank that broke beneath him. These facts demonstrate a prima facie violation of Labor Law § 240(1) by owner Turner and general contractor JVS (see Serrano v TED Gen. Contr., 157 A.D.3d 474, 474 [1st Dept 2018]; Barraco v First Lenox Terrace Assoc., 25 A.D.3d 427, 428 [1st Dept 2006]). Regardless...

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