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QUICHIMBO v. VORNADO 640 FIFTH AVENUE, L.L.C.

30 A.D.3d 194 (2006)

817 N.Y.S.2d 898

EDISSON QUICHIMBO, Respondent, v. VORNADO 640 FIFTH AVENUE, L.L.C., et al., Appellants-Respondents, and PAVARINI CONSTRUCTION CO., INC., et al., Respondents-Appellants. (And a Third-Party Action.)

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

June 8, 2006.

Defendants did not, in response to plaintiff's prima facie showing of entitlement to judgment upon his Labor Law § 240 (1) claim, come forward with evidence sufficient to raise a triable issue. The hearsay adduced in opposition to the motion did not suffice as a ground for the motion's denial (see Candela v City of New York, 8 A.D.3d 45 [2004]).

Plaintiff's common-law negligence...

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