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PADILLA v. ABSOLUTE REALTY, INC.

Index No. 24532/13E. Appeal No. 12459-12459A. Case No. 2020-01494(1).

188 A.D.3d 608 (2020)

132 N.Y.S.3d 766

2020 NY Slip Op 06960

Luis Padilla, Respondent, v. Absolute Realty, Inc., Appellant, and The Fiedler Companies Inc., Respondent. (And Third-Party Actions.)

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

Decided November 24, 2020.

Plaintiff made a prima facie showing of entitlement to summary judgment as to liability on his Labor Law § 240(1) claim, as there is no dispute that he was injured while engaged in roofing work at an elevation, and was not supplied any safety devices, which was a proximate cause of the accident (see Reyes v Bruckner Plaza Shopping Ctr. LLC, 173 A.D.3d 570, 570 [1st Dept 2019]). In opposition, defendant site owner Absolute failed to raise an issue of fact. Any...

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