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BIACA-NETO v. BOSTON RD. II HOUS. DEV. FUND CORP.

No. 34 SSM 30.

34 N.Y.3d 1166 (2020)

144 N.E.3d 363

121 N.Y.S.3d 753

2020 NY Slip Op 01116

WALDEMAR BIACA-NETO et al., Appellants, v. BOSTON ROAD II HOUSING DEVELOPMENT FUND CORPORATION et al., Respondents.

Court of Appeals of New York.

Decided February 18, 2020.

Attorney(s) appearing for the Case

Law Offices of Lawrence Perry Biondi, P.C., Garden City ( Lisa M. Comeau of counsel), for appellants.

Kaufman, Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell and Rebecca Barrett of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying defendants' motion for summary judgment as to the Labor Law § 240(1) cause of action and loss of consortium cause of action insofar as based upon that section and, as so modified, affirmed.

On plaintiff Waldemar Biaca-Neto's third day at the subject job site, he looked on as his coworker pulled himself up to a scaffold beam that...

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