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Bonilla v. Petrillo Realty Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 115 (N.Y. App. Div. 1997)

Opinion

March 4, 1997.

Order, Supreme Court, New York County (Paul a Omansky, J.), entered September 23, 1996, which denied Plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Before: Milonas, J.P., Nardelli, Williams and Andrias, JJ.


In an action alleging violation of Labor Law § 240 (1) and common-law negligence arising from plaintiff's alleged back-ward fall from a ladder, the court properly denied plaintiff's motion for summary judgment. Plaintiff's deposition testimony, taken in light of other submissions on the motion, raises credibility questions precluding summary judgment. Nor was it conclusively established that lack of safety devices constituted a failure to provide "proper protection" in violation of section 240 (1) or that said violation was a proximate cause of Plaintiff's injuries ( Saaverda v East Fordham Rd. Real Estate Corp., 233 AD2d 125).


Summaries of

Bonilla v. Petrillo Realty Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 115 (N.Y. App. Div. 1997)
Case details for

Bonilla v. Petrillo Realty Development Corp.

Case Details

Full title:HECTOR BONILLA, Appellant, v. PETRILLO REALTY DEVELOPMENT CORP., Respondent

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

Date published: Mar 4, 1997

Citations

237 A.D.2d 115 (N.Y. App. Div. 1997)
655 N.Y.S.2d 340

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