BADZIO v. EAST 68TH ST. TENANTS CORP.

Index Nos. 150037/17, 595475/17. Appeal No. 14908. Case No. 2020-03987.

200 A.D.3d 591 (2021)

161 N.Y.S.3d 32

2021 NY Slip Op 07498

Thomas Badzio, Respondent, v. East 68th Street Tenants Corp. et al., Respondents. East 68th Street Tenants Corp. et al., Third-Party Plaintiffs-Respondents-Appellants, v. Patrick D'Angelo et al., Third-Party Defendants-Appellants-Respondents, and Sagewood Construction & Design Corp. et al., Third-Party Defendants-Respondents-Appellants.

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

Decided December 28, 2021.


Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown ( Christi M. Kunzig , of counsel), for appellants-respondents.

Gordon Rees Scully Mansukhani, LLP, New York ( Scott V. Heck , of counsel), for Sagewood Construction & Design Corp., respondent-appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Sienia Construction, Inc., respondent-appellant.

Wood Smith Henning & Berman LLP, New York ( Thomas E. Lehman of counsel), for Geoffrey Hunter and Marie-Jose Hunter, respondents-appellants.

Sjoquist & Baer, New York ( Chad E. Sjoquist of counsel), for East 68th Street Tenants Corp., and Wallack Management Co., Inc., respondents/respondents-appellants.

Lurie, Ilchert, MacDonnell & Ryan LLP, New York ( George W. Ilchert , of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.


Plaintiff established prima facie defendants' liability under Labor Law § 240(1) by presenting uncontroverted evidence that he was injured when he fell from an elevation of approximately 30 feet from scaffolding he was dismantling and that his accident was proximately caused by defendants' failure to supply adequate protection, namely a safety line or an appropriate place to attach his harness (see Anderson v MSG Holdings...

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