Lopez v. Sunrise One, LLC

OPINION OF THE COURT

Jack M. Battaglia, J.

This action arises out of a construction site accident on September 6, 2006 when, as a result of the collapse of a scaffold, plaintiffs Ignacio Valdez Garcia, Richardo Alvarez-Puebla, and Eudocio Ignacio Garcia allegedly sustained serious injuries. The current configuration of the action is the product of a consolidation order dated February 4, 2008 of Honorable David I. Schmidt, and a subsequent order of the same judge, dated September 21, 2010, granting plaintiffs summary judgment on liability pursuant to Labor Law § 240 (1).

With the cross motion,…