RETAMA VELASCO v. THE GREEN-WOOD CEMETERY


48 A.D.3d 271 (2008)

852 N.Y.S.2d 74

DOMINGO RETAMA VELASCO, Appellant, v. THE GREEN-WOOD CEMETERY et al., Respondents.

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

Decided February 14, 2008.


Plaintiff, who was previously granted summary judgment on the issue of defendants site owners' liability under Labor Law § 240 (1) (8 A.D.3d 88 [2004]), failed to adduce evidence responsive to defendants' showing, based on plaintiff's deposition, that plaintiff returned to the same type of work he was doing at the time of the accident only four months after the accident. While the determination of the Workers' Compensation Board on...

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