FUENTES v. YJL BROADWAY HOTEL, LLC

160915/17. Appeal No. 16708. Case No. 2022-01882.

210 A.D.3d 552 (2022)

176 N.Y.S.3d 781

2022 NY Slip Op 06636

Santos S. Sanchez Fuentes, Appellant, v. YJL Broadway Hotel, LLC, et al., Respondents/Third-Party Plaintiffs-Respondents. BMNY Contracting Corp., Third-Party Defendant-Respondent.

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

Decided November 22, 2022.


Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( Christopher W. Drake of counsel), for appellant.

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for YJL Broadway Hotel, LLC, LG Broadway Management, Inc., and Flintlock Construction Services, LLC, respondents.

Gorton & Gorton, LLP, Garden City ( John T. Gorton of counsel), for BMNY Contracting Corp., respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.


Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered November 30, 2021, which denied plaintiff's motion for summary judgment on liability on his Labor Law § 240(1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's testimony that a beam fell on him as he was securing a scaffold on which his coworker was standing to strip concrete formwork beams from the ceiling, along with the unrebutted affidavit of his...

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