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MENDOZA v. HIGHPOINT

13502/07, 3544.

83 A.D.3d 1 (2011)

919 N.Y.S.2d 129

JOSE MENDOZA, Respondent, v. HIGHPOINT ASSOCIATES, IX, LLC, Appellant.

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

Decided March 8, 2011.

Attorney(s) appearing for the Case

Havkins Rosenfeld Ritzert & Varriale, LLP, New York City ( Jonathan A. Judd and Shanna R. Torgerson of counsel), for appellant.

Davidson & Cohen, P.C., Rockville Centre ( Robin Mary Heaney of counsel), for respondent.

McGUIRE and FREEDMAN, JJ., concur with RENWICK, J.; ACOSTA, J., concurs in part and dissents in part in a separate opinion; TOM, J.P., dissents in part in a separate opinion.

OPINION OF THE COURT

RENWICK, J.

Plaintiff Jose Mendoza brought this action for injuries sustained during a fall while he was on a roof to inspect damage and determine the extent of necessary repairs. Plaintiff asserts claims under Labor Law § 240 (1), § 241 (6) and § 200, and common-law negligence. During the discovery process, defendant refused to produce an employee of the subject property for a...

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