Opinion
7722 Index 159225/12
11-27-2018
Eduardo GELVEZ, et al., Plaintiffs–Appellants. v. TOWER 111, LLC, et al., Defendants–Respondents, Pav–Lak Contracting, Inc., et al., Defendants.
Lawrence B. Goodman, New York, for appellants. Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for respondents.
Lawrence B. Goodman, New York, for appellants.
Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for respondents.
Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ.
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered January 22, 2018, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for partial summary judgment on the issue of liability on the Labor Law § 240(1) claim, unanimously affirmed, without costs.
Plaintiff Eduardo Gelvez was injured when a cinder block wall that he was demolishing collapsed onto the scaffold on which he was working, knocking the scaffold over. The bottom of the wall had already been demolished when the accident occurred. Triable issues of fact exist as to whether plaintiff was instructed to demolish the wall from top to bottom, and whether any decision by plaintiff to work from the bottom up, in contravention of an explicit instruction or in contravention of his training or common knowledge, was the sole proximate cause of the accident (see Cahill v. Triborough Bridge and Tunnel Auth., 4 N.Y.3d 35, 39–40, 790 N.Y.S.2d 74, 823 N.E.2d 439 [2004] ; Nalvarte v. Long Is. Univ., 153 A.D.3d 712, 713–714, 59 N.Y.S.3d 786 [2d Dept. 2015] ).
We have considered plaintiff's remaining arguments and find them unavailing.