POTENZO v. CITY OF NEW YORK

Index No. 26640/15. Appeal No. 12487. Case No. 2019-04449.

189 A.D.3d 705 (2020)

139 N.Y.S.3d 156

2020 NY Slip Op 08013

Vincent Potenzo, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided December 29, 2020.


Attorney(s) appearing for the Case

The Perecman Firm, P.L.L.C. New York ( Peter D. Rigelhaupt of counsel), for appellant.

Cornell Grace, P.C., New York ( Alexander F. Schwall of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Gesmer, JJ.


Plaintiff Vincent Potenzo sued defendants to recover damages for personal injuries he sustained when he slipped and fell on March 4, 2015 while walking within the fenced-in area from the guard booth to his job site, where he was employed as a drywaller, at a construction site in the Bronx. For the reasons that follow, we find that the motion court improperly denied plaintiff's motion for partial summary judgment on his Labor Law § 241(6) claim predicated upon a violation...

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