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DALY v. METROPOLITAN TRANSP. AUTH.

Index No. 153542/17, Appeal No. 16122, Case No. 2021-01710.

206 A.D.3d 467 (2022)

168 N.Y.S.3d 308

2022 NY Slip Op 03867

Daniel Daly et al., Appellants-Respondents, v. Metropolitan Transportation Authority et al., Respondents-Appellants.

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

Decided June 14, 2022.

Attorney(s) appearing for the Case

Sacks & Sacks LLP, New York (Scott N. Singer, of counsel) for appellants-respondents.

Newman Law Associates PLLC, New York (Jon E. Newman, of counsel) for respondents-appellants.

Concur—Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ.

Plaintiff made a prima facie showing that his injuries were proximately caused by violations of Labor Law § 240(1) through his testimony that he was climbing up an A-frame ladder which suddenly shifted, causing him to fall to the ground along with the ladder (see Sacko v New York City Hous. Auth., 188 A.D.3d 546, 546-547 [1st Dept 2020]).

Defendants failed to raise an issue of fact as to whether plaintiff was the sole...

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