DeSERIO v. CITY OF NEW YORK

2016-04610, Index No. 709282/14.

171 A.D.3d 867 (2019)

95 N.Y.S.3d 864

2019 NY Slip Op 02679

James DeSerio, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided April 10, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) is granted.

On September 17, 2013, the plaintiff, a signalman employed by nonparty Silverite Construction Company, allegedly was injured when an extension ladder he had ascended slipped out from under him, causing...

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