Gavilanes v. 919 Ground Lease LLC

Summary

The Appellate Division, First Department unanimously affirmed an order granting Luis Gavilanes summary judgment on liability under Labor Law § 240(1) and denying defendants' cross-motion to dismiss that claim. The court held that the evidence established defendants' negligence and a proximate causal connection to the plaintiff's accident, and it rejected challenges concerning translated evidence and the availability of a ladder.

Holdings

1. Plaintiff was entitled to summary judgment on liability because the evidence established that defendants' negligence resulted in a violation of Labor Law § 240(1) and was a proximate cause of plaintiff's accident and injury.
2. The proponent of translated evidence bears the burden of demonstrating that the translation was provided by a competent, objective interpreter and was accurate; professional qualifications and competence in both languages generally suffice, but attestations merely stating fluency without other credentials were inadequate.

Questions Presented

1. Whether plaintiff was entitled to summary judgment on liability under Labor Law § 240(1).
2. Whether defendants were entitled to dismissal of plaintiff's Labor Law § 240(1) claim.
3. Whether translated evidence was properly supported by translator attestations demonstrating competent and accurate translation.

Disposition

affirmed