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CABRERA v. BOARD OF EDUCATION OF CITY OF NEW YORK

33 A.D.3d 641 (2006)

823 N.Y.S.2d 419

MANUEL CABRERA et al., Respondents, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Defendants, NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent, and MORRIS PARK CONTRACTING CORPORATION, Also Known as MORRIS PARK CONTRACTING CORP., Also Known as MORRIS PARK CONTRACTING, Appellant.

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

Decided October 10, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

"To establish liability under Labor Law § 240 (1), a plaintiff must demonstrate a violation of the statute and that such violation was a proximate cause of his or her injuries" (Reinoso v Ornstein Layton Mgt., Inc., 19 A.D.3d 678, 678 [2005]). The plaintiffs established their prima facie entitlement to judgment as a matter of law pursuant to Labor...

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