Legal Opinion

Betancur v. Lincoln Center for the Performing Arts, Inc.

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

Decided December 6, 2012Published

1Opinion of the Court

*430Plaintiff testified that the ladder she stood on inexplicably wobbled beneath her, causing her to fall and be injured, and there is no evidence in the record from which it could reasonably be inferred that she was the sole proximate cause of her injuries (see Harrison v V.R.H. Constr. Corp., 72 AD3d 547 [1st Dept 2010]).

The record does not support a finding that JDP was a statutory agent for purposes of Labor Law § 240 (1) (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 292-293 [2003]). JDP’s contract with Lincoln Center Development Project Inc. (Development) limited its…

2Cases cited3 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Bussanich v. 310 East 55th Street TenantsAppellate Division of the Supreme Court of the State of New York · 2001
  3. Harrison v. V.R.H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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