CASTILLO v. TRM CONTR. 626, LLC

Index No. 23185/19E. Appeal No. 16801. Case No. 2022-00671.

211 A.D.3d 430 (2022)

180 N.Y.S.3d 97

2022 NY Slip Op 06886

Noel Castillo, Respondent, v. TRM Contracting 626, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided December 6, 2022.


Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of Counsel), for appellants.

Shayne, Dachs, New York ( Jonathan A. Dachs of Counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Gesmer, Kennedy, Shulman, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 20, 2021, which granted plaintiff's motion for partial summary judgment on Labor Law § 240(1) liability, unanimously affirmed, on the law, without costs.

Plaintiff testified that he fell from a six- to eight-foot-tall A-frame ladder that was in poor condition while trying to cover a window with plastic in preparation for painting. Plaintiff leaned the ladder against the wall in a closed position...

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