OLIVEIRA v. TOP SHELF ELEC. CORP.

Index No. 153436/20. Appeal No. 2601. Case No. 2023-03316.

230 A.D.3d 1035 (2024)

217 N.Y.S.3d 58

2024 NY Slip Op 04523

Nilton Oliveira, Respondent, v. Top Shelf Electric Corp. et al., Appellants.

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

Decided September 24, 2024.


Attorney(s) appearing for the Case

London Fischer LLP, New York (Anthony P. Malecki of counsel), for appellants.

Lisa M. Comeau, Garden City, for respondent.

Concur—Singh, J.P., Gesmer, Scarpulla, Rodriguez, Michael, JJ.


Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about June 13, 2023, which granted plaintiff's motion for partial summary judgment on the Labor Law § 241 (6) claim, unanimously affirmed, without costs.

The court properly granted plaintiff partial summary judgment. Plaintiff met his burden of establishing liability based on the alleged violations of Industrial Code (12 NYCRR) §§ 23-1.7(d) and 23-1.30, by submitting his testimony...

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