Legal Opinion
Mosqueda v. Ariston Development Group
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2017No. 5004 159551/13PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Kelly O’Neill Levy, J.), entered July 13, 2016, which, in this action for personal injuries sustained when plaintiff fell from a ladder, granted plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Defendants’ contention that a description of the accident in plaintiff’s medical records inconsistent with his deposition testimony presents an issue of fact regarding his credibility, is unavailing. As Supreme Court found, statements in medical records, including “acts…
2Cases cited8 opinions
- Williams v. AlexanderNew York Court of Appeals · 1955
- Romanczuk v. Metropolitan Insurance & Annuity Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Gunn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Quispe v. Lemle & Wolff, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Eitner v. 119 West 71st Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
- Marquez v. 171 Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Marquez v. 171 Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Pillco v. 160 Dikeman St., LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Cooper v. DelliveneriAppellate Division of the Supreme Court of the State of New York · 2018
- Krause v. Industry Matrix, LLCAppellate Division of the Supreme Court of the State of New York · 2024