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PICHARDO v. URBAN RENAISSANCE COLLABORATION LIMITED PARTNERSHIP

51 A.D.3d 472 (2008)

857 N.Y.S.2d 144

RICARDO PICHARDO, Appellant-Respondent, v. URBAN RENAISSANCE COLLABORATION LIMITED PARTNERSHIP et al., Respondents-Appellants.

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

Decided May 8, 2008.

Plaintiff established that violation of Labor Law § 240 (1) was a proximate cause of his accident. Defendants' argument that failure to provide an appropriate safety device was either impracticable under the circumstances or would not have prevented the accident is unavailing (see Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513 [1985]). However, the IAS court erroneously ruled...

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