Valarezo v. HP Jamsta Hous. Dev. Fund Co. Inc.

Summary

The Appellate Division, First Department modified an order of the Supreme Court, New York County, granting plaintiffs summary judgment on liability under Labor Law § 240(1) arising from injuries caused by an unsecured steel bar falling during construction work. The court otherwise affirmed the dismissal of the Labor Law § 200 and common-law negligence claims, concluding that defendants failed to raise a triable issue of fact.

Holdings

1. Plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1) because the evidence established that the steel bar was not secured while the excavation and drilling machine was hoisting it, and the bar fell and injured plaintiff.

Questions Presented

1. Whether plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1) where an unsecured steel bar being hoisted by excavation equipment fell and struck plaintiff.
2. Whether defendants raised a triable issue of fact in opposition to plaintiffs' motion.
3. Whether the appellate court should reach the arguments concerning the Labor Law § 200 and common-law negligence claims after granting plaintiffs summary judgment under Labor Law § 240(1).

Disposition

other