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BATLLE v. NY DEVELOPERS & MANAGEMENT, INC.

Index No. 25992/16E. 43030/17E. Appeal No. 13629-13629A. Case No. 2019-05097. 2020-02190.

193 A.D.3d 562 (2021)

146 N.Y.S.3d 624

2021 NY Slip Op 02446

Fernando QuiÑones Batlle et al., Respondents, v. NY Developers & Management, Inc., et al., Appellants, et al., Defendants. 317 St. Marks Avenue LLC et al., Third-Party Plaintiffs-Appellants, v. Big Apple Designers Inc., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Hannum Feretic Prendergast & Merlino, LLC, New York ( Douglas J. Domsky of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for Fernando QuiÑones Batlle and Rosa Batlle, respondents.

Goetz Schenker Blee & Wiederhorn, LLP, New York ( Lisa De Lindsay of counsel), for Big Apple Designers Inc., respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Partial summary judgment on the Labor Law § 240(1) claim is precluded by issues of fact as to whether plaintiff's conduct was the sole proximate cause of his injuries. Plaintiff alleged that less than a minute after he started performing work while standing on a scaffold platform without railings, the scaffold moved and he immediately fell to the floor. He testified that a foreman had ordered him to perform that work without...

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