MANCELLARI v. CHURCH OF ASCENSION

2016-07877. Index No. 16797/11.

188 A.D.3d 1031 (2020)

132 N.Y.S.3d 669

2020 NY Slip Op 06770

Edison Mancellari, Appellant, v. Church of Ascension, Defendant, and Preserve Building Restoration Management Incorporated, Respondent.

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

Decided November 18, 2020.


Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained while performing roofing work. Following a trial, the jury found that although the defendants violated Labor Law § 240(1), the violation was not a substantial factor in causing the incident, and that the plaintiff was the sole proximate cause of the accident. A judgment was entered in favor of the defendants and...

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