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DURASNO v. 680 FIFTH AVE. ASSOC., L.P.

Index No. 157919/17. Appeal No. 15162. Case No. 2020-02015.

203 A.D.3d 455 (2022)

164 N.Y.S.3d 594

2022 NY Slip Op 01413

Efren G. Durasno, Appellant, v. 680 Fifth Avenue Associates, L.P., Respondent.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

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

McAndrew, Conboy & Prisco, LLP, Melville (Peter G. Prisco of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.

Defendant owned premises located at 680 Fifth Avenue, in Manhattan, and leased the premises to The Gap, Inc. (Gap), which maintained a retail store at the location. Gap employed plaintiff to perform cleaning and maintenance work at the premises and other Gap locations. Plaintiff was allegedly injured on March 5, 2017, by falling off a ladder while cleaning glass suspended from the ceiling at the store.

Summary dismissal of the Labor Law § 240(1) claim is precluded...

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