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BATISTA v. MANHATTANVILLE COLLEGE

No. 233 SSM 39.

28 N.Y.3d 1093 (2016)

68 N.E.3d 83

45 N.Y.S.3d 357

2016 NY Slip Op 08489

RAFAEL BATISTA, Appellant, v. MANHATTANVILLE COLLEGE et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided December 20, 2016.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for appellant.

Lewis Johs Avallone Aviles, LLP, Islandia (Robert A. Lifson of counsel), for Manhattanville College, respondent.

Burke, Conway, Loccisano & Dillon, White Plains (Thomas J. Burke and Martin Galvin of counsel), for TJR, Inc., respondent.

Concur: Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, modified, without costs, by granting plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim against defendants Manhattanville College and TJR, Inc. and, as so modified, affirmed, and certified question answered in the negative. Defendants failed to...

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