MATHEWS v. BANK OF AMERICA

10345, 303098/08, 84245/08, 83743/09.

107 A.D.3d 495 (2013)

968 N.Y.S.2d 15

2013 NY Slip Op 4426

JOANNE MATHEWS, Respondent, v. BANK OF AMERICA et al., Appellants, et al., Defendants. BANK OF AMERICA, Third-Party Plaintiff-Appellant, v. EFI GLOBAL, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided June 13, 2013.


The court properly denied BOA's motion for summary judgment on plaintiff's Labor Law § 240 (1) claim. BOA's contention that plaintiff's accident was not gravity related is unpersuasive, since plaintiff was not required to show that she fell completely off the ladder to the floor so long as the "`harm directly flow[ed] from the application of the force of gravity to an object or person'" (Lacey v Turner Constr. Co., 275 A.D.2d 734

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