KUYLEN v. KPP 107TH ST., LLC

Index No. 26398/15. Appeal No. 15475. Case No. 2020-04772.

203 A.D.3d 465 (2022)

160 N.Y.S.3d 866

2022 NY Slip Op 01419

Eldon Kuylen, Appellant, v. KPP 107th Street, LLC, et al., Respondents.

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

Decided March 8, 2022.


Attorney(s) appearing for the Case

Wingate, Russotti, Shapiro, Moses and Halperin, LLP, New York ( David M. Schwarz of counsel), for appellant.

Litchfield Cavo LLP, New York ( Ralph A. Consentino of counsel), for KPP 107th Street, LLC, respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Sasha R. Grandison of counsel), for Empact Group, Inc., respondent.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.


Plaintiff, who was working on a building renovation, entered one of the building's apartments to speak with a coworker; soon after plaintiff entered the room, a stack of 25 to 30 sheetrock boards that had been leaning against the wall fell on him.

The motion court properly dismissed plaintiff's Labor Law § 240(1) claim as against Empact, as Empact demonstrated that it was not the general contractor for the apartment work and had no authority to supervise, direct...

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