DIAS v. CITY OF NEW YORK

10868, 400091/11

110 A.D.3d 577 (2013)

973 N.Y.S.2d 210

2013 NY Slip Op 6957

FERNANDO C. DIAS, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided October 24, 2013.


Order, Supreme Court, New York County (Louis B. York, J.), entered August 1, 2012, which granted plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.

Plaintiff, employed by defendants' subcontractor on the Second Avenue Subway Project, made a prima facie showing of his entitlement to judgment as a matter of law. He submitted, among other things, his deposition testimony that he was directing...

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