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GRIGORYAN v. 108 CHAMBERS ST. OWNER, LLC

Index No. 158572/17, 595470/18, 595569/18. Appeal No. 15765. Case No. 2021-01503.

204 A.D.3d 534 (2022)

165 N.Y.S.3d 290

2022 NY Slip Op 02620

Vitaliy Grigoryan et al., Appellants, v. 108 Chambers Street Owner, LLC, et al., Respondents, et al., Defendants. (And Third-Party Actions.).

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo, New York (Brian J. Shoot of counsel), for appellants.

Gallo Vitucci Klar LLP, New York (C. Briggs Johnson, of counsel) for respondents.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

Liability under Labor Law § 240(1) arises where a safety device of the kind enumerated in the statute either proved inadequate to shield against injury resulting directly from the application of the force of gravity to a person or object or where no safety device was provided to shield against such injury (Runner v New York Stock Exch., Inc., 13 N.Y.3d 599, 604 [2009]). Here, plaintiff was injured when he and two coworkers were...

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