PEREZ v. 286 SCHOLES ST. CORP.

2014-09829, Index No. 2066/12.

134 A.D.3d 1085 (2015)

22 N.Y.S.3d 545

2015 NY Slip Op 09664

ROBERTO CASTANO PEREZ, Appellant, v. 286 SCHOLES ST. CORP., et al., Respondents.

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

Decided December 30, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing so much of the complaint as alleged a violation of Labor Law § 241 (6) is denied.

The plaintiff allegedly was injured while repairing a gate on premises occupied by the defendant Flaum Appetizing Corp. and owned by the defendant 286 Scholes St. Corp. The plaintiff testified at his deposition that...

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