VASQUEZ-TINEO v. 1764-1766 WESTCHESTER AVE., LLC

9070, 21993/14.

171 A.D.3d 605 (2019)

97 N.Y.S.3d 461

2019 NY Slip Op 03003

Ramon Vasquez-Tineo, Appellant, v. 1764-1766 Westchester Avenue, LLC, et al., Respondents.

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

Decided April 23, 2019.


Plaintiff established entitlement to judgment as a matter of law by his testimony that he fell from an unstable ladder that collapsed while he was painting (see Kebe v Greenpoint-Goldman Corp., 150 A.D.3d 453 [1st Dept 2017]). In opposition, defendants submitted evidence, including testimony of a supervisor of the job site, that raised triable issues of fact as to the circumstances surrounding the accident, including what ladder...

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