HERNANDEZ v. 46-24 28TH ST., LLC

Index No. 30345/18E. Appeal No. 17484. Case No. 2022-00184.

214 A.D.3d 451 (2023)

183 N.Y.S.3d 735

2023 NY Slip Op 01234

Guadalupe Patron Hernandez, Appellant, v. 46-24 28th Street, LLC, Respondent.

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

Decided March 9, 2023.


Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw , of counsel), for appellant.

Smith Mazure, P.C., New York ( Joel M. Simon , of counsel) for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kapnick, Shulman, Higgitt, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about June 24, 2021, which, to the extent appealed from, denied plaintiff's cross motion for partial summary judgment as to Labor Law § 240(1) liability, unanimously affirmed, without costs.

The motion court correctly concluded that triable issues of fact precluded granting plaintiff summary judgment on the issue of liability on his Labor Law claim. Plaintiff testified that he fell from an...

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