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VALLE v. PORT AUTH. OF N.Y. & N.J.

23262/2013. Appeal No. 12091. Case No. 2019-04148.

189 A.D.3d 594 (2020)

137 N.Y.S.3d 350

2020 NY Slip Op 07685

Thomas W. Valle et al., Respondents, v. Port Authority of New York and New Jersey et al., Appellants-Respondents, and City Lumber Inc., Respondent-Appellant/Third-Party Defendant-Respondent-Appellant. Port Authority of New York and New Jersey et al., Third-Party Plaintiffs-Appellants-Respondents.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt LLP, New York ( Jonathan P. Shaub of counsel), for appellants-respondents.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for respondent-appellant.

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondents.

Concur—Friedman, J.P., Kern, Moulton, JJ.

Neither plaintiffs nor defendants are entitled to summary judgment as to liability on the Labor Law § 240(1) claim.

Port Authority and Turner failed to demonstrate conclusively that plaintiff Thomas Valle was the sole proximate cause of the accident in which a stack of cement boards fell off a City Lumber truck and onto him after the wooden skids underneath the boards broke. Defendants are correct that plaintiff's status as general foreman of the nonparty carpentry...

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