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FRITZ v. JLG INDUS., INC.

Index Nos. 309338/10, 303483/11, 84098/11. Appeal No. 13695-13695A. Case No. 2020-02546.

193 A.D.3d 641 (2021)

148 N.Y.S.3d 93

2021 NY Slip Op 02598

Karl Fritz, Respondent, v. JLG Industries, Inc., et al., Appellants, et al., Defendant. Richard P. O'Keefe, Jr., Respondent, v. City of New York, Defendant, and Metropolitan Transportation Authority et al., Appellants. Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Appellants-Respondents, v. JLG Industries, Inc., et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Colucci & Gallaher, P.C., Buffalo ( Jaclyn F. Silver of counsel), for JLG Industries, Inc., appellant/respondent-appellant.

Harris Beach PLLC, New York ( Jaime L. Regan of counsel), for United Rentals, Inc. and United Rentals (North America), Inc., appellants/respondents-appellants.

Cullen and Dykman LLP, New York ( Adrienne Yaron of counsel), for Triborough Bridge and Tunnel Authority, MTA New York City Transit and Metropolitan Transportation Authority, appellants/appellants-respondents.

Howard R. Sanders , New York, for Karl Fritz, respondent.

Crafa & Sofield, P.C., Garden City ( Thomas R. Sofield of counsel), for Richard P. O'Keefe, Jr., respondent.

Concur—Webber, J.P., Singh, González, Shulman, JJ.

Any defect in the design of the boom lift that collapsed while plaintiffs were in its platform was not a superseding cause of the accident relieving TBTA/MTA of liability under Labor Law § 240(1) (see generally Gordon v Eastern Ry. Supply, 82 N.Y.2d 555, 562 [1993]).

As neither Fritz nor TBTA/MTA opposed JLG's motion for summary judgment dismissing Fritz's strict products liability claim based on a manufacturing defect...

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