MATA v. I. CHERA & SONS


304 A.D.2d 420 (2003)

757 N.Y.S.2d 433

MANUEL MATA et al., Appellants, v. I. CHERA & SONS, Respondent, et al., Defendant.

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

Decided April 17, 2003.


Because the uncontroverted evidence established, as a matter of law, that a violation of Labor Law § 240 (1) was a proximate cause of plaintiff's injuries, the court should not have merely set aside the verdict as contrary to the weight of the evidence but should have awarded plaintiff judgment as to liability upon his Labor Law § 240 (1) claim. There was no reasonable view of the evidence to support the jury's conclusion that liability under Labor Law § 240...

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