Legal Opinion
Gonzalez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2017No. 4205 301423/14PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 28, 2016, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim as against them, and granted plaintiff’s motion for summary judgment on the Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Whether or not the scaffold provided workers at the site with adequate protection for working at an elevation, the unsecured plank falling from the scaffold and striking plaintiff as the scaffold was being moved constituted a…
2Cases cited4 opinions
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Gallagher v. New York PostNew York Court of Appeals · 2010
- Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co.New York Court of Appeals · 2015
- Castillo v. 62-25 30th Avenue Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by3 opinions
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- Gericitano v. Brookfield Props. OLP Co. LLCAppellate Division of the Supreme Court of the State of New York · 2018