SOMEREVE v. PLAZA CONSTR. CORP.

15085, 150136/12.

136 A.D.3d 537 (2016)

26 N.Y.S.3d 21

2016 NY Slip Op 01236

MICHAEL SOMEREVE et al., Respondents, v. PLAZA CONSTRUCTION CORP., Appellant.

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

Decided February 18, 2016.


Order, Supreme Court, New York County (Anil C. Singh, J.), entered January 16, 2014, which granted plaintiffs' motion for partial summary judgment on the Labor Law § 240 (1) cause of action, affirmed, without costs.

The injured plaintiff testified that on the day of the alleged accident, he was operating a prime mover, which resembles a mini-forklift, to hoist a load of bricks onto a scaffold 5½ to 6 feet high. Plaintiff testified that the forks had to be...

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