Brown v. 44 Street Development, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Anil C. Singh, J.), entered March 23, 2015, which, insofar as appealed from, denied defendants’ motion for summary judgment dismissing plaintiffs’ claim pursuant to Labor Law § 240 (1), and granted plaintiffs’ motion for partial summary judgment on the issue of liability on that claim, unanimously affirmed, without costs.
Plaintiff was injured when, while carrying wood planks, he fell through an opening in a latticework rebar deck to a plywood form that was 12 to 18 inches below. “There is no bright-line minimum height differential that determines whether…
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