GARCIA v. 122-130 E. 23rd ST. LLC

Index Nos. 153179/19, 595901/19. Appeal No. 736. Case No. 2022-01004.

220 A.D.3d 463 (2023)

197 N.Y.S.3d 499

2023 NY Slip Op 05096

Jose Garcia, Appellant, v. 122-130 East 23rd Street LLC et al., Respondents. (And a Third-Party Action.)

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

Decided October 10, 2023.


Attorney(s) appearing for the Case

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

Fabiani Cohen & Hall, LLP, New York ( John V. Fabiani of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Lori S. Sattler, J.), entered on or about February 18, 2022, 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.

In this personal injury action, plaintiff asserts that he was directed to do taping work around lights on the ceiling of a garage at the subject work site. Plaintiff, and his coworker Jesus,...

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