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ARCE v. 1133 BUILDING CORPORATION

257 A.D.2d 515 (1999)

684 N.Y.S.2d 523

JAIME ARCE et al., Respondents, v. 1133 BUILDING CORPORATION et al., Appellants and Third-Party Plaintiffs. INSPECO CORPORATION, Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

Decided January 26, 1999.

Plaintiff Jaime Arce's testimony that he fell from an unsteady ladder adequately made out a prima facie case of liability against defendants pursuant to Labor Law § 240 (1) and in so doing shifted the burden to defendants to submit evidence sufficient to raise a question of fact warranting trial of the liability issue (Klein v City of New York, 89 N.Y.2d 833). Defendants did not satisfy their burden by relying upon the deposition...

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