HAYNES v. BORICUA VIL. HOUS. DEV. FUND CO., INC.

8385, 305322/14.

170 A.D.3d 509 (2019)

96 N.Y.S.3d 178

2019 NY Slip Op 01838

Ewart A. Haynes, Respondent, v. Boricua Village Housing Development Fund Company, Inc., et al., Appellants. Boricua Village Housing Development Fund Company, Inc., et al., Third-Party Plaintiffs-Appellants, v. United Commercial Development, LLC, et al., Third-Party Defendants-Respondents.

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

Decided March 14, 2019.


Supreme Court was correct in granting plaintiff partial summary judgment on the Labor Law § 241 (6) claim. Plaintiff's deposition testimony and an affidavit by his supervisor, Maldonado, who did not witness the accident but arrived at the scene shortly thereafter, indicated that plaintiff was performing his assigned tasks of installing pins in a drop ceiling using a Hilti gun when he received an electrical shock, and that exposed, uncapped electrical wiring was seen...

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