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PICCONE v. METROPOLITAN TR. AUTH.

Index Nos. 156229/12, 590412/13, 595765/15. Appeal No. 16022. Case No. 2021-03975.

205 A.D.3d 628 (2022)

169 N.Y.S.3d 290

2022 NY Slip Op 03458

Christian Piccone, Respondent, v. Metropolitan Transit Authority et al., Respondents-Appellants. Metropolitan Transit Authority et al., Third-Party Plaintiffs-Respondents-Appellants, v. Island Foundations Corporation, Third-Party Defendant-Appellant-Respondent. (And a Second Third-Party Action.)

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Farmingdale (Howard B. Altman of counsel), for appellant-respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondents-appellants.

Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.

Plaintiff established prima facie his entitlement to summary judgment on his Labor Law § 240(1) claim, it being undisputed that he was injured when he fell down an open and unguarded manhole that he had been attempting to cover, as instructed, while working on a construction site (see Dos Santos v Consolidated Edison of N.Y., Inc., 104 A.D.3d 606 [1st Dept 2013]). In opposition, defendants...

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