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MUCO v. BOARD OF EDUC. OF THE CITY OF N.Y.

Index No. 20375/19E. Appeal No. 15583. Case No. 2021-03318.

203 A.D.3d 610 (2022)

162 N.Y.S.3d 736

2022 NY Slip Op 02070

Ladi Muco, Respondent, v. Board of Education of the City of New York et al., Appellants.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York (James M. Strauss, of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco LLP, New York (Brian J. Isaac, of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

Plaintiff established his prima facie entitlement to partial summary judgment on the Labor Law § 240(1) cause of action. Plaintiff's testimony established, and his coworker's affidavit corroborated, that plaintiff fell on the stairs of a scaffold when it suddenly moved and due to the fact the scaffold was unsecure and missing handrails in certain sections (see Rom v Eurostruct, Inc., 158 A.D.3d 570, 570 [1st Dept 2018]; Zengotita...

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