1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 193 A.D.3d
  5. 193 A.D.3d 421 (2021)
 

HERRERO v. 2146 NOSTRAND AVE. ASSOC., LLC

Index No. 153673/15, 595519/15, 595804/15, 595391/17. Appeal No. 13500. Case No. 2020-01218.

193 A.D.3d 421 (2021)

146 N.Y.S.3d 599

2021 NY Slip Op 02071

Edgardo Herrero, Respondent, v. 2146 Nostrand Avenue Associates, LLC, et al., Appellants-Respondents, and Shawmut Woodworking & Supply, Inc., Respondent-Appellant/Third-Party Plaintiff/Third Third-Party Plaintiff-Respondent-Appellant. J.D. Consulting, LLC, Doing Business as Donaldson Traditional Interiors, Third-Party Defendant-Respondent. 2146 Nostrand Avenue Associates, LLC, et al., Second Third-Party Plaintiffs-Appellants-Respondents, v. Nostrand Enterprises, LLC, Doing Business as Dallas BBQ, Second Third-Party Defendant-Appellant. Trison, Inc., Third Third-Party Defendant-Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney, New York ( Steven F. Smith of counsel), for appellants-respondents/appellant.

Law Office of Victor J. Natale, Melville ( Dominic Zafonte of counsel), for respondent-appellant.

Law Office of Neil R. Finkston, Great Neck ( Neil R. Finkston of counsel), for Edgardo Herrero, respondent.

Bartlett LLP, Central Islip ( David C. Zegarelli of counsel), for J.D. Consulting, LLC, respondent.

Weiner, Millo, Morgan & Bonanno, LLC, New York ( Bryan D. Lipsky of counsel), for Trison, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

Plaintiff was injured when the platform of a baker's scaffold fell through its framework, causing him to fall four feet to the ground. He was using an unidentified contractor's scaffold, instead of one made readily available by his employer, JD Consulting. To date, no one has admitted to ownership of the scaffold.

The court properly granted plaintiff's motion for partial summary judgment on the Labor Law § 240(1) claim, as the record demonstrates, contrary to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases