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MONGE v. COLONY AT HARTSDALE CONDOMINIUM

282 A.D.2d 724 (2001)

724 N.Y.S.2d 332

RAUL MONGE, Appellant, v. COLONY AT HARTSDALE CONDOMINIUM, Defendant, and BOARD OF MANAGERS OF COLONY AT HARTSDALE CONDOMINIUM, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured while employed as a porter by the defendant Colony at Hartsdale Condominium (hereinafter Colony), and he commenced this action to recover damages based on, inter alia, Labor Law § 240. Since he received benefits pursuant to the Workers' Compensation Law for his injuries, the plaintiff conceded that Colony was entitled to dismissal of the complaint insofar...

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