Marquez v. 171 Tenants Corp.

Order, Supreme Court, New York County (Lucy Billings, J.), entered October 12, 2012, which denied plaintiffs motion for summary judgment on the issue of defendant’s liability under Labor Law § 240 (1), unanimously affirmed, without costs.

Plaintiff alleged that he fell and sustained injuries when the ladder on which he was standing while painting a foyer outside third-party defendant David Kleinberg-Levin’s apartment twisted and then slipped out from underneath him. However, the affidavit of Kleinberg-Levin, who hired plaintiffs employer and was in his apartment at the time of the accident,…