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BARRACO v. FIRST LENOX TERRACE ASSOCIATES

25 A.D.3d 427 (2006)

810 N.Y.S.2d 8

PAUL BARRACO et al., Respondents, v. FIRST LENOX TERRACE ASSOCIATES et al., Appellants-Respondents, APPOLLON WATERPROOFING CORP., Respondents, and O&S ASSOCIATES, INC., et al., Respondents-Appellants. O&S ASSOCIATES, INC., Third-Party Plaintiff-Appellant, v. GIBRALTAR WATERPROOFING AND RESTORATION, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

January 12, 2006.

As against the Lenox defendants, plaintiff makes out a prima facie case of liability under Labor Law § 240 (1) by the fact that the unsupported corrugated metal overhang of a sidewalk bridge collapsed as he walked on it, causing him to fall and sustain injuries (see Jablonski v Everest Constr. & Trade Corp., 264 A.D.2d 381 [1999]; Ageitos v Chatham Towers, 256 A.D.2d 156 [1998]...

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