CLIFFORD v. [And A Third Party Action]

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

James CLIFFORD, Plaintiff-Respondent, v. LEHR CONSTRUCTION CORP., Defendant-Appellant, 4518 Associates, L.P., Defendant. [And A Third Party Action]

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Daniel P. O'Toole, for plaintiff-respondent. Carol R. Finocchio and Lawrence B. Goodman, for defendant-appellant.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 31, 1997, which granted plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240(1), unanimously affirmed, with costs.

Plaintiff's testimony, corroborated by that of his co-worker, and uncontradicted by other competent evidence (see, Salzo v. Bedding Showcase, 238 A.D.2d 180, 656 N.Y.S.2d 236, lv. denied 90 N.Y.2d 806, 663 N.Y.S.2d 511, 686 N.E.2d 223), that the plywood platform on the scaffold upon which he was working collapsed, causing him to fall, was properly found to be a sufficient predicate for liability under Labor Law § 240(1) (see, Aragon v. 233 West 21st St., 201 A.D.2d 353, 354, 607 N.Y.S.2d 642).


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