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TINTI v. ALPHA OMEGA BUILDING AND CONSULTING CORP.

Index No. 20995/17E. Appeal No. 16277. Case No. 2021-04453.

208 A.D.3d 1120 (2022)

175 N.Y.S.3d 29

2022 NY Slip Op 05299

Maximiliano Quiel Tinti, Respondent, v. Alpha Omega Building and Consulting Corp., Defendant, and PMG 23-10 QPS LLC et al., Appellants. (And a Third-Party Action.)

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York (Lyndsey Bechtel of counsel), for appellants.

Fellows, Hymowitz & Rice, P.C., New City (Matthew F. Rice of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Plaintiff sustained injuries when a 10-foot section of a 6-inch diameter hose used to pour concrete fell from 10 feet above and struck him. A certified incident report indicated that the hose had been placed on a wooden guardrail of the garage ramp above, where concrete was being poured, and that the hose fell when the guardrail collapsed under its weight.

Plaintiff established prima facie his entitlement to summary judgment on the Labor Law § 240(1) claim by...

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