ORELLANA v. MO-HAK ASSOCIATES, LLC

11503. 303001/16.

183 A.D.3d 451 (2020)

121 N.Y.S.3d 861

2020 NY Slip Op 02867

Jose Delcid Orellana, Respondent, v. Mo-Hak Associates, LLC, Appellant.

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

Decided May 14, 2020.


Plaintiff was injured when he fell from a ladder while painting an apartment in a building owned by defendant. The testimony of plaintiff's employer, that he had specifically instructed plaintiff only to paint areas he could reach and not to use the ladder, raises triable issues as to whether plaintiff's duties were expressly limited to work that did not expose him to an elevation-related hazard within the purview of Labor Law § 240(1) (see McCue v Cablevision Sys...

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