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BURKE v. HILTON RESORTS CORPORATION

5245, 101670/08, 5246, 590059/09.

85 A.D.3d 419 (2011)

924 N.Y.S.2d 358

2011 NY Slip Op 4602

THOMAS BURKE et al., Respondents, v. HILTON RESORTS CORPORATION et al., Appellants-Respondents, and CENTURY MAXIM CONSTRUCTION CORP., Respondent-Appellant. HILTON RESORTS CORPORATION et al., Third-Party Plaintiffs-Appellants-Respondents, v. CENTURY MAXIM CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant, and REBAR LATHING CORP., Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendants.

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

Decided June 2, 2011.

Plaintiff Thomas Burke fell approximately 15 feet through an unprotected hole in the floor of a construction site. Plaintiffs established their entitlement to judgment as a matter of law on the issue of liability on the Labor Law § 240 (1) cause of action as against Hilton (owner) and Tishman (construction manager) (see John v Baharestani, 281 A.D.2d 114 [2001]). The evidence demonstrates...

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