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GIANCOLA v. THE YALE CLUB OF N.Y. CITY

6719, 153082/13.

161 A.D.3d 695 (2018)

78 N.Y.S.3d 71

2018 NY Slip Op 03901

Christopher Giancola, Appellant, et al., Plaintiff, v. The Yale Club of New York City, Respondent/Third-Party Plaintiff. P.S. Marcato Elevator Co., Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided May 31, 2018.

Plaintiff's cross motion for partial summary judgment on the Labor Law § 240 (1) claim should have been granted. There is no issue of fact as to whether it was foreseeable that the particle board covering an escape hatch on top of the elevator car where plaintiff was required to work would collapse when traversed by him (see Restrepo v Yonkers Racing Corp., Inc., 105 A.D.3d 540 [1st Dept 2013]; see also Kircher v City of...

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