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MANFREDONIA v. GATEWAY SCHOOL OF N.Y.

3924. 114242/11. 590643/12.

150 A.D.3d 434 (2017)

2017 NY Slip Op 03622

51 N.Y.S.3d 415

STEVEN MANFREDONIA et al., Respondents, v. GATEWAY SCHOOL OF NEW YORK, Appellant and Third-Party Plaintiff-Respondent. KABACK ENTERPRISES, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided May 4, 2017.

Gateway and Kaback failed to establish entitlement to judgment as a matter of law on the Labor Law § 240(1) claim. Although there is evidence showing that plaintiff Steven Manfredonia, a Kaback employee, in violation of Kaback's safety manual, improperly stood on the top cap of a six-foot A-frame ladder to reach his work (see e.g. Robinson v East Med. Ctr., LP, 6 N.Y.3d 550 [2006]), there is also evidence supporting plaintiff...

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