SOTARRIBA v. 346 WEST 17TH ST. LLC

10900, 113027/11.

179 A.D.3d 599 (2020)

118 N.Y.S.3d 90

2020 NY Slip Op 00545

Abel Sotarriba, Respondent-Appellant, v. 346 West 17th Street LLC et al., Respondents-Appellants. 346 West 17th Street LLC et al., Third-Party Plaintiffs-Respondents-Appellants, v. Sigma Electric, Inc., Third-Party Defendant-Respondent-Appellant/Second Third-Party Plaintiff-Respondent-Appellant. Technetek Ltd., Second Third-Party Defendant-Appellant-Respondent.

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

Decided January 28, 2020.


Plaintiff, an electrical worker on a construction site, sustained serious injuries, including traumatic brain injuries, when he fell through an unprotected stairwell opening from the third floor to the second floor of the building in which he was working and struck the concrete floor.

The court correctly granted plaintiff summary judgment as to liability on the Labor Law § 240(1) claim. Regardless of whether plaintiff fell off a ladder, as he claims, or lost...

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