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PACHECO v. TRUSTEES OF COLUMBIA UNIV. IN THE CITY OF N.Y.

Index No. 34248/19E. Appeal No. 17236. Case No. 2022-01987.

213 A.D.3d 415 (2023)

181 N.Y.S.3d 461

2023 NY Slip Op 00492

Ruben Pacheco, Respondent, v. The Trustees of Columbia University in the City of New York et al., Appellants.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for appellants.

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

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about May 3, 2022, which granted plaintiff's motion for summary judgment as to liability on the Labor Law §§ 240(1) and 241(6) claims, unanimously affirmed, without costs.

Plaintiff was ejected from a power buggy he was operating on a sloped loading dock ramp when the power buggy hit some debris and its brakes failed. The court properly granted plaintiff partial summary judgment on the...

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