Jenkins v. Board of Managers of Southampton Meadows Condominium

Appellate Division of the Supreme Court of New York

Jenkins v. Board of Managers of Southampton Meadows Condominium

269 A.D.2d 427, 703 N.Y.S.2d 725, 2000 N.Y. App. Div. LEXIS 1370

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 2000

StatusPublished

Cited by2 cases

This text of 269 A.D.2d 427 (Jenkins v. Board of Managers of Southampton Meadows Condominium) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. Board of Managers of Southampton Meadows Condominium, 269 A.D.2d 427, 703 N.Y.S.2d 725, 2000 N.Y. App. Div. LEXIS 1370 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the defendant Board of Managers of Southampton Meadows Condominium appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 7, 1998, as granted the plaintiff’s motion for summary judgment on the issue of liability under Labor Law § 240 (1) insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff established his entitlement to partial summary judgment on the issue of liability under Labor Law § 240 (1). The plaintiff was required to walk across a plank that had been placed across a three-feet-deep trench at a construction site. While walking across the plank carrying a hose over his shoulder, the plank became dislodged and the plaintiff fell, sustaining injuries (see, Covey v Iroquois Gas Transmission Sys., 89 NY2d 952). In opposition, the appellant provided unsworn and hearsay statements that were insufficient to defeat the plaintiff’s motion (see, Zuckerman v City of New York, 49 NY2d 557). O’Brien, J. P., Santucci, Florio and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant Board of Managers of Southampton Meadows Condominium appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 7, 1998, as granted the plaintiff’s motion for summary judgment on the issue of liability under Labor Law § 240 (1) insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff established his entitlement to partial summary judgment on the issue of liability under Labor Law § 240 (1). The plaintiff was required to walk across a plank that had been placed across a three-feet-deep trench at a construction site. While walking across the plank carrying a hose over his shoulder, the plank became dislodged and the plaintiff fell, sustaining injuries (see, Covey v Iroquois Gas Transmission Sys., 89 NY2d 952). In opposition, the appellant provided unsworn and hearsay statements that were insufficient to defeat the plaintiff’s motion (see, Zuckerman v City of New York, 49 NY2d 557). O’Brien, J. P., Santucci, Florio and Smith, JJ., concur.

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Bluebook (online)

269 A.D.2d 427, 703 N.Y.S.2d 725, 2000 N.Y. App. Div. LEXIS 1370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-board-of-managers-of-southampton-meadows-condominium-nyappdiv-2000.

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