Matthew S. Healy et al., Appellants-Respondents,
v.
BOP One North End LLC et al., Respondents-Appellants, and
J.T. Magen & Company, Inc., Respondent. (And a Third-Party Action.).
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 3, 2022.
Decided March 3, 2022.
Attorney(s) appearing for the Case
Arye, Lustig & Sassower, P.C., New York ( D. Carl Lustig, III of counsel), for appellants-respondents.
Pillinger Miller Tarallo, LLP, Elmsford ( Patrice M. Coleman of counsel), for respondents-appellants.
Fabiani Cohen & Hall, LLP, New York ( Allison A. Snyder of counsel), for respondent.
Appellate Division of the Supreme Court of New York, First Department.
Defendants were correctly denied summary judgment dismissing the Labor Law § 240(1) claim. Plaintiffs should be granted summary judgment as to defendants' liability under the statute. The record demonstrates that plaintiff Matthew S. Healy (plaintiff) fell from the guardrails of a manlift after sustaining an electric shock. Plaintiff was required to stand on the manlift's guardrails because HVAC ductwork prevented him from...
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