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NUNEZ v. LMJ VISION, INC.

3401, 150346/11, 590786/12.

148 A.D.3d 496 (2017)

2017 NY Slip Op 01827

49 N.Y.S.3d 129

JUNIOR NUNEZ et al., Plaintiffs, v. LMJ VISION, INC., Doing Business as VISIONARY OPTICS and Others, et al., Respondents, and INTER-NEXT NYC, INC., Appellant/Third-Party Defendant-Appellant. LMJ VISION, INC., Doing Business as VISIONARY OPTICS and Others, Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided March 15, 2017.

Plaintiff Junior Nunez asserts claims for negligence and violations of Labor Law §§ 200, 240 and 241 (6), alleging that he fell through an unprotected stairwell opening in the floor, in the course of installing display shelving during a store renovation project. LMJ Vision, Inc. and West 17th, the owner and lessee of the premises, respectively (together, the LMJ defendants), were found liable for plaintiff's injuries under Labor Law § 240 (1), and seek indemnification...

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