Legal Opinion
Acosta v. 888 7th Avenue Associates
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1998PublishedCited by 8 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 13, 1997, which granted plaintiffs’ motion for partial summary judgment on liability, unanimously affirmed, without costs.
Plaintiff’s testimony that he was injured when the ladder on which he was standing collapsed established a prima facie case under Labor Law § 240 (1), and it is not enough to avoid summary judgment for defendants simply to argue that plaintiff is the sole witness to the accident with exclusive knowledge of the facts as to how the accident happened (see, Klein v City of New York, 89…
2Cases cited5 opinions
- Klein v. City of New YorkNew York Court of Appeals · 1996
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Rodriguez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Rodriguez v. Forest City Jay Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Klein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by8 opinions
- Rossi v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Miranda v. DevlinAppellate Division of the Supreme Court of the State of New York · 1999
- Riddick v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Rabadi v. Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Samuel v. General Cinema Theaters, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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