AGEITOS v. CHATHAM TOWERS, INC.


256 A.D.2d 156 (1998)

681 N.Y.S.2d 520

FRANCISCO AGEITOS et al., Respondents-Appellants, v. CHATHAM TOWERS, INC., Respondent, and ROCKLEDGE SCAFFOLD CORP. et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided December 15, 1998.


Although plaintiff's moving affidavit, which failed to address the reason he was walking on top of the sidewalk bridge from which he fell, is insufficient, by itself, to establish his entitlement to partial summary judgment as to liability under Labor Law § 240 (1), the transcript of his deposition, submitted by the general contractor in opposition to plaintiff's motion, shows that plaintiff was required to walk on the sidewalk bridge to perform his job on the building...

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