KISSOON v. ARLEN REALTY, INC.


289 A.D.2d 297 (2001)

734 N.Y.S.2d 594

ROOPNARINE KISSOON et al., Appellants, v. ARLEN REALTY, INC., Defendant, I.S.J. MANAGEMENT CORP. et al., Defendants and Third-Party Plaintiffs-Respondents. JER CORPORATION et al., Third-Party Defendants.

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

Decided December 10, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondents, and that branch of the motion which was for summary judgment against the respondents on the issue of liability on the cause of action to recover damages pursuant to Labor Law § 240 (1) is granted.

To prevail on a cause of action to recover damages pursuant to Labor Law § 240 (1), a plaintiff must establish that the statute was violated and that...

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