Ortiz v. Varsity Holdings, LLC
| Decision Date | 13 July 2010 |
| Citation | 75 A.D.3d 538,906 N.Y.S.2d 766 |
| Parties | Luis F. ORTIZ, appellant, v. VARSITY HOLDINGS, LLC, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
Albert Zafonte, Jr. (Richard Paul Stone, New York, N.Y., of counsel), for appellant.
Rebore, Thorpe & Pisarello, P.C., Farmingdale, N.Y. (Timothy J. Dunn III and Michelle S. Russo of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated December 12, 2008, as granted that branch of the defendants' motion which was for summary judgment dismissing the third cause of action to recover damages for a violation of Labor Law § 240(1), and denied his cross motion, in effect, for summary judgment on the issue of liability on that cause of action.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, a laborer, alleges that while he stood on or near the ledge of a six-foot high dumpster, rearranging debris from an apartment renovation project that had been placed therein, he slipped and fell backwards onto the sidewalk below, resulting in injuries. It is undisputed that the plaintiff was provided with no safety devices enumerated in Labor Law § 240(1) during the performance of this work.
We are constrained to affirm the Supreme Court's grant of that branch of the defendants' motion which was for summary judgment dismissing theLabor Law § 240(1) cause of action and the denial of the plaintiff's cross motion, in effect, for summary judgment on the issue of liability on that cause of action ( see Monterroza v. State Univ. Constr. Fund, 56 A.D.3d 629, 869 N.Y.S.2d 113; Georgopulos v. Gertz Plaza, Inc., 13 A.D.3d 478, 788 N.Y.S.2d 121).
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Ortiz v. Varsity Holdings, LLC
...simultaneously granting Ortiz leave to appeal to this Court and certifying the question whether its order was properly made (75 A.D.3d 538, 906 N.Y.S.2d 766 [2010] ). We now modify. Defendants and amicus the Defense Association of New York argue that, as a matter of law, the task Ortiz was ......
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Ortiz v. Varsity Holdings, LLC
...F. ORTIZ, Appellant,v.VARSITY HOLDINGS, LLC., et al., Respondents.Court of Appeals of New York.Sept. 16, 2010. Reported below, 75 A.D.3d 538, 906 N.Y.S.2d 766. Motion by Defense Association of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the propos......