Joseph DeGidio, Respondent-Appellant,
v.
City of New York et al., Appellants-Respondents, et al., Defendants.
Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Appellants-Respondents,
v.
Hoffman Equipment Company, Third-Party Defendant-Respondent-Appellant, and
J&E Industries, LLC, Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 8, 2019.
Decided October 8, 2019.
Attorney(s) appearing for the Case
Cullen & Dykman LLP, New York ( Elio M. DiBerardino of counsel), for The City of New York and Hudson Yards Development Corporation, appellants-respondents.
Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Mario Castellitto of counsel), for Metropolitan Transportation Authority, MTA Capital Construction, The New York City Transit Authority and the New York City Department of Transportation, appellants-respondents.
Fortunato & Fortunato, PLLC, Brooklyn ( Louis A. Badolato of counsel), for Joseph DeGidio, respondent-appellant.
Lewis Johs Avallone Aviles, LLP, Islandia ( John B. Saville of counsel), for Hoffman Equipment Company, respondent-appellant.
Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Christopher Simone of counsel), for respondent.
Appellate Division of the Supreme Court of New York, First Department.
The collapse of a crane constitutes a prima facie violation of Labor Law § 240(1) (see Matter of East 51st St. Crane Collapse Litig.,89 A.D.3d 426, 427 [1st Dept 2011]; Cosban v New York City Tr. Auth.,227 A.D.2d 160, 161 [1st Dept 1996]). A plaintiff need not be directly injured by a portion of the crane for the Labor Law to apply—injuries that occur while trying to avoid...
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