GOMEZ v. CITY OF NEW YORK


63 A.D.3d 511 (2009)

881 N.Y.S.2d 65

LEONIDAS GOMEZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and MR. STOREWORKS, LP, et al., Respondents.

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

Decided June 11, 2009.


Plaintiff was injured when he fell two stories when the fire escape on which he was working detached from the building and fell to the ground. Plaintiff established a prima facie entitlement to summary judgment on the issue of liability on his Labor Law § 240 (1) claim by showing that the subject fire escape was the functional equivalent of a scaffold and failed to provide adequate protection for the elevation-related work he was performing (see De Jara v 44-14 Newtown...

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