RODRIGUEZ v. ANTILLANA & METRO SUPERMARKET CORP.

10119, 301012/14.

179 A.D.3d 613 (2020)

118 N.Y.S.3d 102

2020 NY Slip Op 00669

Randy Polanco Rodriguez, Appellant, v. Antillana & Metro Supermarket Corp., Doing Business as Antilla Superfood Supermarket, et al., Respondents. (And a Third-Party Action.)

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

Decided January 30, 2020.


Plaintiff alleges that he was injured while installing a refrigeration condenser unit at premises owned by Boss and leased by Antillana. We find that the motion court improperly granted defendants' motions for summary judgment dismissing the Labor Law § 241(6) claim. Plaintiff was engaged in an activity within the purview of Labor Law § 241(6). Plaintiff worked at the subject premises during the build-out installing three refrigeration system condensers, which weighed...

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