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SANTAMARIA v. 1125 PARK AVE. CORP.

249 A.D.2d 16 (1998)

670 N.Y.S.2d 844

Juan Santamaria, Respondent, v. 1125 Park Avenue Corporation, Respondent, and Tower Building Restoration, Inc., Appellant. (And Other Actions.)

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

April 2, 1998

Defendant general contractor is liable as a matter of law under Labor Law § 240 (1) where plaintiff, while engaged in brick replacement work on the exterior wall of a building, fell a distance of eight to fifteen feet when the permanently affixed ladder he was using to gain access to the roof where tools were being stored broke off from the wall. We note that defendant submits no competent evidence refuting plaintiff's claim...

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