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RINCON v. NEW YORK CITY HOUS. AUTH.

Index No. 20579/17E. Appeal No. 15171. Case No. 2021-02686.

202 A.D.3d 421 (2022)

158 N.Y.S.3d 567

2022 NY Slip Op 00639

Jorge Rincon, Appellant, v. New York City Housing Authority, Respondent/Third-Party Plaintiff-Respondent, et al., Defendant. Vestar, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

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

Cornell Grace, P.C., New York (Jason Meneses of counsel), for New York City Housing Authority, respondent.

Camacho Mauro Mulholland, LLP, New York (Anthony J. Buono of counsel), for Vestar, Inc., respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Plaintiff's coworker was working on the roof near the parapet wall when a wrench accidentally slipped out of his hand and fell 10 to 15 feet, striking plaintiff, who was working below on a hanging scaffold. Plaintiff is entitled to summary judgment on the Labor Law § 240(1) claim based on NYCHA's failure to provide an adequate safety device to protect him from falling objects that were required to be secured (see Pados v City of New York, 192 A.D.3d 596 [1st Dept...

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