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HOGAN v. 590 MADISON AVENUE LLC

Index No. 154493/15. Appeal No. 13877. Case No. 2020-02442.

194 A.D.3d 570 (2021)

2021 NY Slip Op 03255

John Hogan et al., Respondents, v. 590 Madison Avenue, LLC, et al., Respondents-Appellants, and Commodore Construction Corp., Appellant-Respondent. 590 Madison Avenue, LLC, et al., Third-Party Plaintiffs-Respondents-Appellants, v. OH&M Electric Corp., Third-Party Defendant-Respondent.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Law Office of James J. Toomey ( Michael J. Kozoriz of counsel), for appellant-respondent.

Barry McTiernan & Moore LLC, New York ( Laurel A. Wedinger of counsel), for respondents-appellants.

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for John Hogan and Evelyn Hogan, respondents.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( Peter S. Read of counsel), for OH&M Electric Corp., respondent.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.

Plaintiff John Hogan's (plaintiff) testimony that he fell from a ladder that suddenly gave way while he was performing work on a construction project at premises owned by Madison and leased by Delphi, established prima facie that he was injured as a result of their failure to provide him with proper protection against elevation-related risks (see Labor Law § 240[1]; Pierrakeas v 137 E. 38th St. LLC, 177 A.D.3d 574 [1st Dept 2019]; Sacko v New York City...

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