FELIX v. INDEPENDENCE SAVINGS BANK

2010-08359.

89 A.D.3d 895 (2011)

932 N.Y.S.2d 719

2011 NY Slip Op 8324

JOSEPH FELIX, Appellant, v. INDEPENDENCE SAVINGS BANK et al., Defendants, and 20 BAYARD VIEWS, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided November 15, 2011.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240 (1) is granted.

The plaintiff allegedly was injured when he fell from a scaffold, which was on wheels, while performing pipefitting work. He established, prima facie, that the defendants were subject to liability under Labor Law § 240 (1) based on his deposition...

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