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MAZZARISI v. NEW YORK SOCIETY FOR THE RELIEF OF THE RUPTURED & CRIPPLED, MAINTAINING THE HOSPITAL FOR SPECIAL SURGERY

Index Nos. 155022/16, 595493/17. Appeal No. 15855. Case No. 2021-01343.

205 A.D.3d 424 (2022)

167 N.Y.S.3d 87

2022 NY Slip Op 02953

Louis Mazzarisi et al., Appellants-Respondents, v. New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, Respondent-Appellant. (And a Third-Party Action.)

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

The Grandelli Firm, New York (Moses Ahn of counsel), for appellants-respondents.

Kaufman Borgeest & Ryan LLP, Valhalla (Jacqueline Mandell of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

Plaintiffs made a prima facie showing of entitlement to summary judgment as to liability on their Labor Law § 240(1) claim, since the injured plaintiff (plaintiff) established that the task he was performing when he was injured—namely, power washing of HVAC chillers—is considered "cleaning" within the meaning of section 240(1) (see Soto v J. Crew Inc., 21 N.Y.3d 562...

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