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JELLEMA v. 66 W. 84TH ST. OWNERS CORP.

248 A.D.2d 117 (1998)

669 N.Y.S.2d 550

Michael Jellema, Plaintiff, v. 66 West 84th Street Owners Corp., Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. Sato Construction, Inc., Doing Business as Flag Waterproofing & Restoration Company, Third-Party Defendant-Appellant and Fourth-Party Plaintiff, et al., Fourth-Party Defendant

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

March 3, 1998

A directed verdict on the issue of the building owner's liability under Labor Law § 240 (1) was properly granted upon a finding that, as a matter of law, plaintiff's injuries were the result of a fall from an elevated level (compare, Gramigna v Morse Diesel, 210 A.D.2d 115; Dominguez v Lafayette-Boynton Hous. Corp., 240 A.D.2d 310). A directed verdict was also properly granted...

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