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YOCUM v. UNITED STATES TENNIS ASSOCIATION INCORPORATED

Index No. 156636/16. Appeal Nos. 16257-16257A. Case No. 2021-03013, 2022-00557.

208 A.D.3d 1124 (2022)

176 N.Y.S.3d 12

2022 NY Slip Op 05302

Michael Yocum et al., Appellants, v. United States Tennis Association Incorporated et al., Respondents. (And a Third-Party Action.)

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Frederick A. McRoberts of counsel), for respondents.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Plaintiffs made a prima facie showing of entitlement to summary judgment on the Labor Law § 240(1) claim by submitting testimony that there was no appropriate place to tie off on the sloped roof from which the injured plaintiff fell (see Anderson v MSG Holdings, L.P., 146 A.D.3d 401, 402 [1st Dept 2017], lv dismissed 29 N.Y.3d 1100 [2017]). In opposition, defendants failed to raise...

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