GUAMAN v. NEW YORK CITY HOUS. AUTH.

Index No. 24026/14E. Appeal No. 16359. Case No. 2021-03598.

209 A.D.3d 431 (2022)

174 N.Y.S.3d 839

2022 NY Slip Op 05592

Luis M. Guaman, Appellant, v. New York City Housing Authority, Respondent. (And Other Third-Party Actions.)

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

Decided October 6, 2022.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Gregory Freedman of counsel), for appellant.

Nicolini, Paradise, Ferretti & Sabella PLLC, Mineola ( Anthony J. Abruscati of counsel), for respondent.

Concur—Renwick, J.P., Oing, González, Mendez, Shulman, JJ.


Order, Supreme Court, Bronx County (Llinét M. Rosado, J.), entered April 14, 2021, which, to the extent appealed from, denied plaintiff's motion for partial summary judgment on the issue of liability on the Labor Law § 240(1) claim, unanimously affirmed, without costs.

Plaintiff fell while in the process of constructing a scaffold near the top of a five-story building. Although he was tied off to the scaffold while laying down the first scaffolding plank...

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