Perez v. Shamilian

OPINION OF THE COURT

William E. Sherwood, J.

It is hereby ordered that defendants’ motion is denied and *16plaintiffs’ cross motion is granted to the extent that plaintiffs are granted partial summary judgment on the issue of liability pursuant to section 240 of the Labor Law.

On August 4, 1997, plaintiff Miguel Perez fell from a deck upon which he was working at a one-family home owned by defendants and sustained physical injury. Defendants had owned the premises since 1971 and used it as their residence until 1986. After moving to another home, defendants rented the home to other families.

Defendan…