McCARTHY v. CITY OF NEW YORK

2018-00942, Index No. 62071/15.

173 A.D.3d 1165 (2019)

103 N.Y.S.3d 550

2019 NY Slip Op 05121

Kevin McCarthy et al., Respondents, v. City of New York et al., Appellants.

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

Decided June 26, 2019.


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

On September 9, 2014, the plaintiff Kevin McCarthy allegedly was injured when he fell from the ledge of the domestic broadcast booth at the defendant USTA Billie Jean King National Tennis Center's Arthur Ashe Stadium. McCarthy...

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