Morales v. D & a Food Service
| Decision Date | 25 June 2008 |
| Docket Number | No. 117,117 |
| Citation | 10 N.Y.3d 911,892 N.E.2d 842 |
| Parties | Lino MORALES, Appellant, v. D & A FOOD SERVICE, Defendant, and Camillo M. Santomero, III, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be reversed, with costs, defendant Santomero's motion for summary judgment denied, plaintiffs cross motion for partial summary judgment on his Labor Law § 240(1) cause of action against defendant Santomero granted and the certified question answered in the negative.
Contrary to defendant's argument, plaintiff's work constituted an alteration within the meaning of Labor Law § 240(1) (see Joblon v. Solow, 91 N.Y.2d 457, 465, 672 N.Y.S.2d 286, 695 N.E.2d 237 [1998]). In light of our recent decision in Sanatass v. Consolidated Inv. Co., Inc., 10 N.Y.3d 333, 858 N.Y.S.2d 67, 887 N.E.2d 1125 (2008), defendant's contention that he lacks a sufficient nexus with plaintiff to support liability under section 240(1) is without merit. Since plaintiff made a prima facie showing of entitlement to judgment as a matter of law on his section 240(1) claim and defendant failed to raise a triable issue of fact in opposition thereto, plaintiff is entitled to partial summary judgment on liability.
Order reversed, with costs, defendant Santomero's ...
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