JONES v. 414 EQUITIES LLC


57 A.D.3d 65 (2008)

866 N.Y.S.2d 165

CLARENCE JONES, Appellant, v. 414 EQUITIES LLC et al., Respondents. (And a Third-Party Action.)

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

October 28, 2008.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and Michael H. Zhu of counsel), for appellant.

Rubin, Fiorella & Friedman, LLP, New York City (Shelley R. Halber of counsel), for respondents.

SAXE, J.P., SWEENY and ACOSTA, JJ., concur.


OPINION OF THE COURT

McGUIRE, J.

The principal issue on this appeal is whether plaintiff, a demolition worker who fell approximately 10 to 12 feet when the permanent floor he was walking across collapsed, is entitled to summary judgment on his cause of action premised on Labor Law § 240 (1). Although the Court of Appeals has issued numerous decisions that provide important guidance in resolving the question of law on which this appeal turns, no decision...

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