RICH v. WEST 31ST STREET ASOCIATES, LLC

21482/06, 6690, 6691, 125

92 A.D.3d 433 (2012)

938 N.Y.S.2d 20

2012 NY Slip Op 734

CHRISTOPHER RICH, Respondent, v. WEST 31ST STREET ASSOCIATES, LLC, et al., Appellants.

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

Decided February 2, 2012.


Plaintiff, an ironworker, was injured while working at a construction site where four hoists had been installed to carry personnel and equipment necessary to erect a 58-story building. While plaintiff was riding one of the hoists, it began to function erratically, stopping and starting again. Ultimately, the hoist free fell into the sub-basement, coming to rest on the springs on the bottom of the hoist way.

Plaintiff moved for summary judgment on his claim pursuant...

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