GUAMAN v. GINESTRI


28 A.D.3d 517 (2006)

813 N.Y.S.2d 490

JOSE A. GUAMAN, Respondent, v. ANTONIO GINESTRI et al., Appellants.

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

April 11, 2006.


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

"To prevail on a cause of action under Labor Law § 240 (1), a plaintiff must show a violation of the statute, and that such violation was a proximate cause of his or her injuries" (Aslam v. Weiss...

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