Jackson v. New York City Housing Authority

Full title: DEMETRIOUS JACKSON, Plaintiff-Appellant, v. NEW YORK CITY HOUSING…

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

Date published: Mar 9, 2000

270 A.D.2d 70 (N.Y. App. Div. 2000)

704 N.Y.S.2d 815

Opinion

March 9, 2000

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about October 19, 1999, which denied plaintiff's motion for summary judgment on the issue of defendant's liability under Labor Law § 240 Lab.(1), unanimously affirmed, without costs.

Jack Baum for plaintiff-appellant.

Anne E. Pettit for defendant-respondent.

Roderick J. Coyne for defendant-respondent.

Anne E. Pettit for Fifth-Party Plaintiff-Respondent.

Roderick J. Coyne for Fifth-Party Defendant-Respondent.

Williams, J.P., Tom, Rubin, Andrias, JJ.

The motion was properly denied. Plaintiff's supervisor's affidavit raises issues of fact as to whether plaintiff's injury was caused by a fall not from a ladder but down some stairs, and even as to whether there was a ladder at the work site (cf., Klein v. City of New York, 89 N.Y.2d 833, 835).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.