RIOS v. 474431 ASSOCIATES


278 A.D.2d 399 (2000)

717 N.Y.S.2d 640

RUPERTO RIOS, Respondent, v. 474431 ASSOCIATES, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 18, 2000.


Ordered that the amended judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff was entitled to partial summary judgment on the issue of liability on his cause of action under Labor Law § 240 (1). The plaintiff established, through the use of circumstantial evidence, that while he was working at ground level in the basement of the appellant's building, a piece of a pipe fell from an elevated height...

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