Opinion
2016–05334 Index No.3165/14
02-20-2019
Domingo DORVILLE, Appellant, v. ROYAL FARMS, INC., Respondent.
Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, N.Y. [Brian J. Isaac, White Plains, and Michael H. Zhu ], of counsel), for appellant. White and Williams LLP, New York, N.Y. (Rafael Vergara of counsel), for respondent.
Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, N.Y. [Brian J. Isaac, White Plains, and Michael H. Zhu ], of counsel), for appellant.
White and Williams LLP, New York, N.Y. (Rafael Vergara of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERIn an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated April 21, 2016. The order denied the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) and granted the defendant's cross motion for summary judgment dismissing the complaint.ORDERED that the order is modified, on the law, by deleting the provision thereof granting the defendant's cross motion for summary judgment dismissing the complaint and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.
Both parties' respective motions for summary judgment should have been denied, as there are triable issues of fact as to the nature of the task the plaintiff was performing at the time of the accident, and whether, under the circumstances, that task constituted one of the protected activities within the meaning of Labor Law § 240(1).
RIVERA, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.