Varona v. Brooks Shopping Centers LLC

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered February 4, 2016, which granted defendants Brooks Shopping Centers LLC’s and the Whiting-Turner Contracting Company’s motions for summary judgment dismissing the complaint as against them, and denied plaintiff’s motion for summary judgment as to liability on the Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.

Plaintiff failed to establish his entitlement to application of the Noseworthy doctrine (Noseworthy v City of New York, 298 NY 76 [1948]), because he did not demonstrate by clear and convincing…