SERRANO v. 432 PARK SOUTH REALTY CO., LLC.


8 A.D.3d 202 (2004)

779 N.Y.S.2d 198

GERMAN SERRANO, Respondent, v. 432 PARK SOUTH REALTY Co., LLC, Appellant.

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

June 29, 2004.


Plaintiff established that his accident was attributable to a lack of proper safety equipment and/or the failure to secure the ladder upon which he was working. Even if plaintiff had been negligent in continuing his work in his coworker's momentary absence, no triable issue would therefore be raised as to whether liability should be imposed upon defendant pursuant to Labor Law § 240 (1), since such negligence would not be susceptible of characterization as the sole proximate...

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