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FUENTES v. YJL BROADWAY HOTEL, LLC

160915/17. Appeal No. 16708. Case No. 2022-01882.

210 A.D.3d 552 (2022)

176 N.Y.S.3d 781

2022 NY Slip Op 06636

Santos S. Sanchez Fuentes, Appellant, v. YJL Broadway Hotel, LLC, et al., Respondents/Third-Party Plaintiffs-Respondents. BMNY Contracting Corp., Third-Party Defendant-Respondent.

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York (Christopher W. Drake of counsel), for appellant.

Gallo Vitucci Klar LLP, New York (C. Briggs Johnson of counsel), for YJL Broadway Hotel, LLC, LG Broadway Management, Inc., and Flintlock Construction Services, LLC, respondents.

Gorton & Gorton, LLP, Garden City (John T. Gorton of counsel), for BMNY Contracting Corp., respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.

Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered November 30, 2021, which denied plaintiff's motion for summary judgment on liability on his Labor Law § 240(1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's testimony that a beam fell on him as he was securing a scaffold on which his coworker was standing to strip concrete formwork beams from the ceiling, along with the unrebutted affidavit of his...

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