Legal Opinion

Carchipulla v. 6661 Broadway Partners, LLC

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 2012PublishedCited by 12 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered October 20, 2011, which denied defendant’s motion for summary judgment dismissing the complaint, and granted plaintiffs cross motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.

Plaintiff established his prima facie entitlement to summary judgment by showing that defendant’s failure to provide an adequate safety device enumerated in Labor Law § 240 (1) proximately caused him to fall off a ladder, injuring him (see Orellano v 29 E. 37th St. Realty Corp.,…

2Cases cited5 opinions

  1. Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Orellano v. 29 East 37th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Lipari v. AT Spring, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Ervin v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2012
  5. Henningham v. Highbridge Community Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by12 opinions

  1. Fanning v. Rockefeller UniversityAppellate Division of the Supreme Court of the State of New York · 2013
  2. Fanning v. Rockefeller UniversityAppellate Division of the Supreme Court of the State of New York · 2013
  3. Guzman v. 170 West End Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 2014
  4. Guzman v. 170 West End Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 2014
  5. Kuras v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 2014

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