Legal Opinion

Jerdonek v. 41 West 72 LLC

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

Decided July 28, 2016No. 590726/10 103694/10 15715PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.P.

Plaintiff was injured in a fall from a scaffold while he was working in a boiler room that is a common element of the con dominium apartment building at 41 West 72nd Street in Manhattan, known as the Hermitage Condominium. All members of this panel agree that plaintiff is entitled to summary judgment as to liability under Labor Law § 240 (1) against the party that owned the property on which he was injured when the accident occurred in February 2009. Because a declaration converting the building to condominium status was recorded in 2001, more than seven…

2Cases cited18 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
  3. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  4. Wood v. . ChapinNew York Court of Appeals · 1856
  5. Frisch v. Bellmarc Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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3Cited by7 opinions

  1. Sanchez v. 1 Burgess Rd., LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Keech v. 30 E. 85th St. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2017
  3. Board of Mgrs. of the 190 Meserole Ave. Condominium v. Board of Mgrs. of the 188 Meserole Ave. CondominiumAppellate Division of the Supreme Court of the State of New York · 2021
  4. Lewis v. Lester's of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  5. BPI Lux S.a.r.l v. Board of Managers of the Setai Condominium Residence at 40 Broad StreetDistrict Court, S.D. New York · 2019

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