VALENTE v. LEND LEASE (US) CONSTRUCTION LMB, INC.

No. 132 SSM 17.

29 N.Y.3d 1104 (2017)

82 N.E.3d 448

60 N.Y.S.3d 107

2017 NY Slip Op 06400

FRANK VALENTE et al., Respondents, v. LEND LEASE (US) CONSTRUCTION LMB, INC., et al., Appellants, et al., Defendants.

Court of Appeals of New York.

Decided September 5, 2017.


Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), for respondents.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur; Judge FEINMAN taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and plaintiffs' motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) denied. The certified question should be answered in the negative.

We agree with the Appellate Division that the fall of Frank Valente (plaintiff) was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection....

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