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PAZ v. CITY OF NEW YORK

5334, 5335, 8237/06.

85 A.D.3d 519 (2011)

925 N.Y.S.2d 453

2011 NY Slip Op 5136

SOFIO GARCIA PAZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and RIVERBAY CORPORATION et al., Respondents.

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

Decided June 14, 2011.

It is well settled that while Labor Law § 240 (1) imposes nondelegable, absolute liability upon an owner and/or contractor for any breach thereof which was proximately responsible for the plaintiff's injury (see Abbatiello v Lancaster Studio Assoc., 3 N.Y.3d 46, 50 [2004]), liability does not attach where a plaintiff's actions are the sole proximate cause of his injuries (see Robinson v East Med. Ctr., LP,

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