JIMINEZ v. NIDUS CORPORATION


288 A.D.2d 123 (2001)

733 N.Y.S.2d 43

DIOMEDES JIMINEZ et al., Respondents, v. NIDUS CORPORATION et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided November 20, 2001.


The evidence adduced on the motion established that plaintiff construction worker was injured when he slipped on ice and fell head-first into a 15-foot deep foundation excavation situated adjacent to his work area. It is undisputed that plaintiff had not been provided any safety devices to prevent or break his fall. Under these circumstances, plaintiff's motion for partial summary judgment as to liability was properly granted since his injury was clearly caused by an elevation...

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