KAMINSKI v. 22-61 42ND STREET, LLC

2011-05384

91 A.D.3d 606 (2012)

935 N.Y.S.2d 903

2012 NY Slip Op 185

JOZEF KAMINSKI, Respondent, v. 22-61 42ND STREET, LLC, Appellant.

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

Decided January 10, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured while repairing stucco on a building in Queens. He commenced this action against the owner of the building, asserting, among other things, a cause of action pursuant to Labor Law § 240 (1). After discovery was completed, the plaintiff moved for summary judgment on the issue of liability on that cause of action. The plaintiff made a prima facie showing of his entitlement to judgment...

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