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YOCUM v. UNITED STATES TENNIS ASSOCIATION INCORPORATED

Index No. 156636/16. Appeal Nos. 16257-16257A. Case No. 2021-03013, 2022-00557.

208 A.D.3d 1124 (2022)

176 N.Y.S.3d 12

2022 NY Slip Op 05302

Michael Yocum et al., Appellants, v. United States Tennis Association Incorporated et al., Respondents. (And a Third-Party Action.)

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York (Frederick A. McRoberts of counsel), for respondents.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Plaintiffs made a prima facie showing of entitlement to summary judgment on the Labor Law § 240(1) claim by submitting testimony that there was no appropriate place to tie off on the sloped roof from which the injured plaintiff fell (see Anderson v MSG Holdings, L.P., 146 A.D.3d 401, 402 [1st Dept 2017], lv dismissed 29 N.Y.3d 1100 [2017]). In opposition, defendants failed to raise...

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