Opinion
5845 306437/09
03-01-2018
Mariano Gonzalez, Plaintiff-Appellant, v. West 38th Street Development LLC, et al., Defendants-Respondents.
Robert Goodman, P.C., New York (Louis A. Badolato of counsel), for appellant. The Law Offices of Kenneth Arthur Rigby, PLLC, New York (Kenneth Arthur Rigby of counsel), for respondents.
Robert Goodman, P.C., New York (Louis A. Badolato of counsel), for appellant.
The Law Offices of Kenneth Arthur Rigby, PLLC, New York (Kenneth Arthur Rigby of counsel), for respondents.
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered July 8, 2016, which, insofar as appealed from, denied plaintiff's motion for partial summary judgment as to liability on his Labor Law § 241(6) claim, unanimously affirmed, without costs.
Regardless to whether plaintiff established a prima facie case for summary judgment, defendants raised an issue of fact in opposition as to the adequacy of the lighting in the basement at the time of the accident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 1, 2018
CLERK