Arce v. 1133 Building Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about June 11, 1998, which granted plaintiffs’ motion for partial summary judgment on liability, unanimously affirmed, without costs.
Plaintiff Jaime Arce’s testimony that he fell from an unsteady ladder adequately made out a prima facie case of liability against defendants pursuant to Labor Law § 240 (1) and in so doing shifted the burden to defendants to submit evidence sufficient to raise a question of fact warranting trial of the liability issue (Klein v City of New York, 89 NY2d 833). Defendants did not satisfy…
2Cases cited6 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Klein v. City of New YorkNew York Court of Appeals · 1996
- Urrea v. Sedgwick Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Robinson v. NAB Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- DeRocha v. Old Spaghetti Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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