HEALY v. EST DOWNTOWN, LLC

655 CA 19-01403.

191 A.D.3d 1274 (2021)

141 N.Y.S.3d 580

2021 NY Slip Op 00699

James Healy, Respondent, v. EST Downtown, LLC, c/o First Amherst Development Group, Appellant. (Appeal No. 2.)

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

LAW OFFICES OF JOHN WALLACE, BUFFALO ( JAMES J. NAVAGH OF COUNSEL), FOR DEFENDANT-APPELLANT.

DOLCE PANEPINTO, P.C., BUFFALO ( JONATHAN M. GORSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Peradotto, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the amended order so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages under, inter alia, Labor Law § 240(1) for injuries he sustained while working at a mixed-use property (building) owned by defendant. Defendant thereafter moved for summary judgment seeking dismissal of the complaint, and plaintiff moved for, inter alia, summary judgment with respect to liability on the Labor Law...

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