Legal Opinion

Zengotita v. JFK International Air Terminal, LLC

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

Decided November 5, 2009PublishedCited by 7 opinions

1Opinion of the Court

*427Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 17, 2008, which, insofar as appealed from, denied plaintiffs motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established, through his deposition testimony and his affidavits, that he fell from a scaffold platform because the scaffold moved, despite the fact that the wheels were securely locked, when he bent down to begin his descent from the platform. Defendant failed to present any evidence to support its…

2Cases cited3 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Orellano v. 29 East 37th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Williams v. 520 Madison PartnershipAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by7 opinions

  1. Silva v. FC Beekman Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  2. Moran v. 200 Varick Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Jerdonek v. 41 West 72 LLCAppellate Division of the Supreme Court of the State of New York · 2016
  4. Strojek v. 33 East 70th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  5. South v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2019

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