Alvarez v. 1407 Broadway Real Estate LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered April 8, 2010, which, to the extent appealed from as limited by the briefs, denied plaintiffs’ motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff Luis Alvarez testified that a scaffold tipped over as he was climbing onto it. In opposition to this prima facie showing that a violation of Labor Law § 240 (1) occurred and that it was a proximate cause of plaintiffs injuries (see Romanczuk v Metropolitan Ins. & Annuity…
2Cases cited5 opinions
- Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
- Romanczuk v. Metropolitan Insurance & Annuity Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Crespo v. Triad, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Torres v. Monroe CollegeAppellate Division of the Supreme Court of the State of New York · 2004
- Garcia v. 1122 East 180th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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