Gomez v. 2355 Eighth Avenue, LLC

Order, Supreme Court, Bronx County (Mark Friedlander, J), entered on or about July 10, 2006, which, to the extent appealed from as limited by the briefs, granted plaintiffs cross motion for summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.

Plaintiff was injured when a temporary platform of plywood pieces laid across floor beams gave way under his weight, dropping him between the beams to shoulder level, with his feet dangling in the air above the basement floor. His uncontroverted deposition testimony established defendant’s…