BRANCH v. 1908 W. RIDGE RD, LLC

804 CA 20-01263.

199 A.D.3d 1362 (2021)

154 N.Y.S.3d 536

2021 NY Slip Op 06248

Shawntrell Branch, Respondent, v. 1908 West Ridge Rd, LLC, Defendant, and Rochester Airport Marriott et al., Appellants.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

MANSON & McCARTHY, BUFFALO, BAXTER SMITH & SHAPIRO, P.C., WHITE PLAINS ( SIM R. SHAPIRO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WILLIAM MATTAR, P.C., ROCHESTER ( MATTHEW J. KAISER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted in its entirety and the amended complaint against defendants-appellants is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained as a result of, among other things, an alleged violation of Labor Law § 240(1) that occurred while he was working to replace the roof...

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