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Hiraldo v. 20 Beekman Place LLC

Appellate Term of the Supreme Court of New York, First Department
Nov 25, 2009
2009 N.Y. Slip Op. 52389 (N.Y. App. Term 2009)

Opinion

570505/09.

Decided November 25, 2009.

Defendants appeal from that portion of an order of the Civil Court of the City of New York, New York County, (Arthur F. Engoron, J.), entered May 8, 2009, which denied their motion for summary judgment dismissing plaintiff's Labor Law § 241(6) claim.

Order (Arthur F. Engoron, J.), entered May 8, 2009, affirmed, with $10 costs.

PRESENT: McKeon, P.J., Shulman, Hunter JJ.


Plaintiff's Labor Law § 241(6) claim is not susceptible to summary dismissal since the record now before us raises several triable issues, including whether the construction material and debris over which plaintiff allegedly fell was an integral part of the demolition work being performed ( see generally Singh v Young Manor, Inc., 23 AD3d 249; McDonagh v Victoria's Secret, Inc., 9 AD3d 395).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur


Summaries of

Hiraldo v. 20 Beekman Place LLC

Appellate Term of the Supreme Court of New York, First Department
Nov 25, 2009
2009 N.Y. Slip Op. 52389 (N.Y. App. Term 2009)
Case details for

Hiraldo v. 20 Beekman Place LLC

Case Details

Full title:FRANCISCO HIRALDO, Plaintiff-Respondent, v. 20 BEEKMAN PLACE LLC, and…

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

Date published: Nov 25, 2009

Citations

2009 N.Y. Slip Op. 52389 (N.Y. App. Term 2009)