PORTILLO v. DRMBRE-85 FEE LLC

Index No. 152890/17. Appeal No. 13209. Case No. 2020-00992.

191 A.D.3d 613 (2021)

143 N.Y.S.3d 22

2021 NY Slip Op 01216

Cristian Portillo, Respondent, v. DRMBRE-85 Fee LLC et al., Appellants.

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

Decided February 25, 2021.


Attorney(s) appearing for the Case

Koster Brady & Nagler, LLP, New York ( William H. Gagas of counsel), for appellants.

Peña & Kahn, PLLC, Bronx ( Jeffrey J. Schietzelt of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.


Plaintiff established prima facie that defendants are liable for his injuries under Labor Law § 240(1). Plaintiff was allegedly injured while removing overhead ceiling wires. He conducted an unsuccessful search to find an available ladder in the apartment, and then he improvised by using a nearby 18-inch-high bucket in an upside-down position so as to stand atop it and reach overhead ceiling wires. When the bucket suddenly tipped, he fell and was injured (see e.g...

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