FERNANDEZ v. BBD DEVELOPERS, LLC

9024, 20248/06.

103 A.D.3d 554 (2013)

960 N.Y.S.2d 380

2013 NY Slip Op 1189

JUAN v. FERNANDEZ, Appellant, v. BBD DEVELOPERS, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

February 26, 2013.


Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 20, 2011, which denied plaintiff's motion for summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff, an employee of subcontractor Casino Development, was performing demolition work on the top floor of a construction site located at 236 East 17th Street in Manhattan. The roof of the building...

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