SOTO v. J. CREW INC.

No. 162

21 N.Y.3d 562 (2013)

998 N.E.2d 1045

976 N.Y.S.2d 421

2013 NY Slip Op 6603

JOSE A. SOTO, Appellant, v. J. CREW INC. et al., Respondents.

Court of Appeals of New York.

Decided October 10, 2013.


Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City ( Fred R. Profeta, Jr. , of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. DeStefano and Caryn L. Lilling of counsel), for respondents.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

GRAFFEO, J.

Plaintiff, an employee of a commercial cleaning company hired to provide janitorial services for a retail store, was injured when he fell from a four-foot-tall ladder while dusting a six-foot-high display shelf. He brought a Labor Law § 240 (1) action against J. Crew, the retail store, and The Mercer I L.L.C., the building owner. Both lower courts held that defendants were entitled to summary judgment because the activity...

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