Rivera v. Site 2 DSA Owner, LLC

Summary

The Appellate Division, First Department modified an order granting defendants summary judgment and denying the plaintiff partial summary judgment. The court reinstated the plaintiff's Labor Law § 240(1) claim and granted summary judgment on liability against specified defendants based on injuries sustained while loading a heavy gang box, while otherwise affirming the order.

Holdings

1. Under the circumstances presented, plaintiff was entitled to summary judgment on liability on his Labor Law § 240(1) claim against Site 2 DSA Owner, LLC, Delancey Street Associates, LLC, and T.G. Nickel & Associates, LLC.
2. Defendants were not entitled to summary judgment dismissing plaintiff's Labor Law § 240(1) claim; the claim was reinstated.
3. Delancey Street Associates, LLC could not rely on a factual assertion that it did not own the property because that assertion contradicted the pleadings, which admitted ownership by omission in its answer.

Questions Presented

1. Whether plaintiff was entitled to summary judgment on liability under New York Labor Law § 240(1) for injuries caused when a heavy gang box being elevated began to fall.
2. Whether defendants were entitled to summary judgment dismissing plaintiff's Labor Law § 240(1) claim.
3. Whether Delancey Street Associates, LLC could dispute ownership of the property when its answer admitted ownership by omission.
4. Whether plaintiff's Labor Law § 200 claim against T.G. Nickel & Associates, LLC was improperly dismissed.

Disposition

other