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HOVERSON v. HERBERT CONSTRUCTION CO., INC.

283 A.D.2d 237 (2001)

725 N.Y.S.2d 320

ALBERT HOVERSON et al., Respondents, v. HERBERT CONSTRUCTION CO., INC., Defendant, and SMITH BARNEY, INC., et al., Appellants and Third-Party Plaintiffs-Appellants. FOREST ELECTRIC, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. SMITH BARNEY, INC., et al., Second Third-Party Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Second Third-Party Defendant-Respondent.

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

Decided May 15, 2001.

The motion court correctly granted plaintiffs summary judgment as to liability on their Labor Law § 240 (1) cause of action against appellants, the lessee and owner, respectively, of the premises under renovation at which plaintiff Albert Hoverson was working when he was injured. Contrary to appellants' arguments, plaintiff's uncontradicted deposition testimony, viewed as a whole, is to the effect that plaintiff was caused...

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