MELENDEZ v. BROWN-UNITED, INC.

Index No. 114296/05. Appeal No. 16347. Case No. 2021-03402.

209 A.D.3d 437 (2022)

176 N.Y.S.3d 240

2022 NY Slip Op 05600

Carlos Melendez, Respondent, v. Brown-United, Inc., et al., Defendants, and Pro Sports & Entertainment, Inc., et al., Appellants.

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

Decided October 6, 2022.


Attorney(s) appearing for the Case

Eustace, Prezioso & Yapchanyk, New York ( Robert M. Mazzei of counsel), for appellants.

Hach & Rose, LLP, New York ( Andrew M. Laskin of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.


Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about October 6, 2020, which, to the extent appealed from as limited by the briefs, denied defendants-appellants' motion for summary judgment dismissing the Labor Law §§ 240(1) and 241(6) claims, unanimously affirmed, without costs.

Plaintiff, a laborer, was injured when he was erecting a scaffolding structure at a sports event owned, operated, and managed by defendants. At the time...

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