DeROCHA v. OLD SPAGHETTI WAREHOUSE, INC.


207 A.D.2d 978 (1994)

617 N.Y.S.2d 89

William H. DeRocha, II, Appellant, v. Old Spaghetti Warehouse, Inc., Doing Business as Spaghetti Warehouse, Inc., Respondent and Third-Party Plaintiff. Ziparo Painting, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1994


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Supreme Court erred in denying plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). Plaintiff submitted proof in admissible form establishing both that the statute was violated and that the violation was the proximate cause of his injury (see, Bland v Manocherian,

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