GONZALEZ v. BROADWAY 371, LLC

Index Nos. 153536/18, 595494/21. Appeal No. 16446-16446A. Case No. 2022-01580, 2022-01581.

209 A.D.3d 526 (2022)

175 N.Y.S.3d 219

2022 NY Slip Op 05789

Gilberto Gonzalez, Respondent, v. Broadway 371, LLC., et al., Appellants. (And a Third-Party Action.)

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

Decided October 18, 2022.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York ( Patrick J. Lawless of counsel), for appellants.

William Schwitzer & Associates, P.C., New York ( Oliver N. Owaid of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.


Orders, Supreme Court, New York County (Verna L. Saunders, J.), entered on or about October 13, 2021, which, to the extent appealed from, granted plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim and denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's fall from a plank devoid of rails or netting, three or four feet above a second story balcony, triggered the protections...

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