RINCON v. NEW YORK CITY HOUS. AUTH.

Index No. 20579/17E. Appeal No. 15171. Case No. 2021-02686.

202 A.D.3d 421 (2022)

158 N.Y.S.3d 567

2022 NY Slip Op 00639

Jorge Rincon, Appellant, v. New York City Housing Authority, Respondent/Third-Party Plaintiff-Respondent, et al., Defendant. Vestar, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 1, 2022.


Attorney(s) appearing for the Case

Pollack, Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Cornell Grace, P.C., New York ( Jason Meneses of counsel), for New York City Housing Authority, respondent.

Camacho Mauro Mulholland, LLP, New York ( Anthony J. Buono of counsel), for Vestar, Inc., respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Plaintiff's coworker was working on the roof near the parapet wall when a wrench accidentally slipped out of his hand and fell 10 to 15 feet, striking plaintiff, who was working below on a hanging scaffold. Plaintiff is entitled to summary judgment on the Labor Law § 240(1) claim based on NYCHA's failure to provide an adequate safety device to protect him from falling objects that were required to be secured (see Pados v City of New York, 192 A.D.3d 596 [1st Dept...

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