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BAIN v. 50 W. DEV., LLC

Index No. 160488/16. Appeal No. 13048. Case No. 2019-04696.

191 A.D.3d 496 (2021)

138 N.Y.S.3d 324

2021 NY Slip Op 00901

Kendell Bain, Appellant-Respondent, v. 50 West Development, LLC, et al., Respondents-Appellants. (And a Third-Party Action.).

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant-respondent.

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

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

On the issue whether an elevation differential is "physically significant" to fall within the purview of section 240(1), a court must consider, inter alia, "the weight of the object and the amount of force" the object is "capable of generating, even over the course of a relatively short descent" (Runner v New York Stock Exch., Inc., 13 N.Y.3d 599, 605 [2009]; see also Wilinski v 334 E. 92nd Hous. Dev. Fund Corp.,

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