Gove v. McGovern
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*602Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 20, 2012, which granted plaintiffs motion for partial summary judgment on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Plaintiff testified that he was injured when a bundle of rebar that his coworker was lowering by rope fell and hit him. As plaintiff struggled to keep himself and the bundle from falling off his unguarded platform onto several workers on the level below him, his foot hit an unknown item on the platform, causing him to twist his back. This evidence establishes prima facie that…
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