Schron v. New York University

Appellate Division of the Supreme Court of New York

Schron v. New York University

14 A.D.3d 468, 788 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 577

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 2005·Published

Opinion

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 8, 2004, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for partial summary judgment on their Labor Law § 240 claim and denied defendants’ cross motion for partial summary judgment dismissing said claim, unanimously affirmed, without costs.

The plaintiff construction worker’s deposition testimony that he was injured at the work site when a wooden scaffolding plank struck him on the head was prima facie evidence of a violation of section 240 (1), shifting the burden to the owner/manager defendants to raise a factual issue on liability (see Aragon v 233 W. 21st St., 201 AD2d 353, 354 [1994]). Defendants failed to rebut adequately plaintiffs’ showing. Concur—Andrias, J.P., Saxe, Sweeny and Catterson, JJ.

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Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 8, 2004, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for partial summary judgment on their Labor Law § 240 claim and denied defendants’ cross motion for partial summary judgment dismissing said claim, unanimously affirmed, without costs.

The plaintiff construction worker’s deposition testimony that he was injured at the work site when a wooden scaffolding plank struck him on the head was prima facie evidence of a violation of section 240 (1), shifting the burden to the owner/manager defendants to raise a factual issue on liability (see Aragon v 233 W. 21st St., 201 AD2d 353, 354 [1994]). Defendants failed to rebut adequately plaintiffs’ showing. Concur—Andrias, J.P., Saxe, Sweeny and Catterson, JJ.

Schron v. New York University, 14 A.D.3d 468, 788 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 577 (N.Y. Ct. App. 2005).

Pincite

14 A.D.3d 468 (Schron v. New York University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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