PEREZ v. CHASE MANHATTAN BANK, N. A.


262 A.D.2d 160 (1999)

692 N.Y.S.2d 57

DORA PEREZ, Respondent, v. CHASE MANHATTAN BANK, N. A., Respondent, and NATIONAL ABATEMENT CORP., Appellant. CHASE MANHATTAN BANK, N. A., Third-Party Plaintiff-Respondent, v. MACKROYCE CONTRACTING CORP., Third-Party Defendant-Appellant. (And Another Action.)

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

Decided June 17, 1999.


Summary judgment on the issue of liability was properly granted since plaintiff's sworn statements that she fell and sustained injuries when the scaffold on which she was standing collapsed established a prima facie case under Labor Law § 240 (1), and neither defendants nor third-party defendant raised a triable issue of fact relating to the prima facie case or to plaintiff's credibility (see, Klein v City of New York, 89 N.Y.2d 833

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