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CLARKE v. EMPIRE GEN. CONTR. & PAINTING CORP.

Index Nos. 25216/15E, 43241/15E, 43271/15E. Appeal Nos. 12706, M-02947. Case No. 2019-5468.

189 A.D.3d 611 (2020)

139 N.Y.S.3d 152

2020 NY Slip Op 07698

Rohan Clarke, Respondent, v. Empire General Contracting & Painting Corp., Appellant/Third-Party Plaintiff-Appellant, and Pen & Brush, Inc., et al., Respondents. Lough Allen Masonry, Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas Hurzeler of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Alani Golanski of counsel), for Rohan Clarke, respondent.

Litchfield Cavo LLP, New York ( Christopher H. Sommer of counsel), for Pen & Brush, Inc., respondent.

Law Office of Linda A. Stark, New York ( Linda A. Stark of counsel), for Lough Allen Masonry, respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Plaintiff commenced this action alleging, inter alia, violations of Labor Law §§ 240(1) and 241(6) seeking to recover for personal injuries he sustained when, while dismantling a scaffold in an elevator shaft of a building under renovation, he fell from the scaffold to the bottom of the shaft. Contrary to Empire's contention, plaintiff was not the sole proximate cause of the accident or a recalcitrant worker or acting...

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