Saldivar v. Lawrence Dev. Realty, LLC

Decision Date15 May 2012
Citation95 A.D.3d 1101,2012 N.Y. Slip Op. 03827,945 N.Y.S.2d 324
PartiesAngel SALDIVAR, et al., respondents, v. LAWRENCE DEVELOPMENT REALTY, LLC, appellant.
CourtNew York Supreme Court — Appellate Division

95 A.D.3d 1101
945 N.Y.S.2d 324
2012 N.Y. Slip Op. 03827

Angel SALDIVAR, et al., respondents,

Supreme Court, Appellate Division, Second Department, New York.

May 15, 2012.

[945 N.Y.S.2d 325]

Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (Seth M. Weinberger, Elizabeth A. Fitzpatrick, and Michael Colavecchio of counsel), for appellant.

Evan M. Foulke, Goshen, N.Y., for respondents.


[95 A.D.3d 1101]In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated July 15, 2011, which granted the plaintiffs' motion for leave to reargue their motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1), and their opposition to the defendant's cross motion for summary judgment dismissing the complaint, and, upon reargument, in effect, vacated a prior order of the same court dated January 26, 2011, which denied the motion and granted the cross motion, and thereupon granted the motion and denied the cross motion.

ORDERED that the order dated July 15, 2011, is affirmed, with costs.

The plaintiff Angel Saldivar (hereinafter the injured plaintiff), an employee of JMK Construction Management, Inc. (hereinafter JMK), allegedly was injured while performing storefront removal and demolition work at a commercial center owned by the defendant Lawrence Development Realty, LLC (hereinafter LDR). To demolish the “upper part” or “facade” of a storefront, the injured plaintiff was standing on a makeshift scaffold consisting of two-inch by six-inch wooden planks running from the step immediately below the highest step of one A-frame ladder to the corresponding step on another A-frame ladder positioned approximately six feet away. After making a vertical cut of the facade with a “Saws–All,” the injured plaintiff turned to place that tool down when “[t]he last section [he] had just cut” “moved or shifted to one side” or “ripped loose from [95 A.D.3d 1102]above[ ] [and] swung down,” striking the makeshift scaffold, and causing it to collapse and the injured plaintiff to fall to the ground. The injured plaintiff landed face down on top of the wooden planks he had been standing on, and “[e]verything that I had not demolished[ ],” or “the upper facade,” landed on top of him.

The injured...

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6 cases
  • Bermejo v.
    • United States
    • New York Supreme Court — Appellate Division
    • 2 d3 Julho d3 2014
    ...Inc., 72 A.D.3d 800, 801, 899 N.Y.S.2d 303;see Vasquez v. C2 Dev. Corp., 105 A.D.3d 729, 963 N.Y.S.2d 675;Saldivar v. Lawrence Dev. Realty, LLC, 95 A.D.3d 1101, 945 N.Y.S.2d 324;Campbell v. 111 Chelsea Commerce, L.P., 80 A.D.3d 721, 915 N.Y.S.2d 619;Inga v. EBS N. Hills, LLC, 69 A.D.3d 568,......
  • Dematteo v. The N.Y.C. Dep't of Educ.
    • United States
    • New York Supreme Court
    • 17 d4 Março d4 2022
    ... ... 286 [2003]; Rapalo v MJRB Kings Highway Realty, LLC, ... 163 A.D.3d 1023, 1024 [2d Dept 2018]). However, where a ... (see Pina Arthur Clinton Hous. Dev. Fund Corp., 188 ... A.D.3d 614, 614-615 [1st Dept 2020]; Robles v ... 155 A.D.3d 924, 925 [2d Dept 2017]; Saldivar v Lawrence ... Dev. Realty, LLC, 95 A.D.3d 1101, 1102 [2d Dept ... ...
  • Mahmoud v. Eastlake Equities, LLC
    • United States
    • New York Supreme Court
    • 6 d5 Janeiro d5 2023
    ... ... non-delegable duty," citing Griffen v AVA Realty ... Ithaca, LLC , 150 A.D.3d 1462, 1464 (3d Dept 2017) ... Finally, ... violation of the statute ( see Vasquez v C2 Dev ... Corp., 105 A.D.3d 729 [2d Dept 2013]; Paredes v 1668 ... Realty ... failure was a proximate cause of his injuries ( Saldivar v ... Lawrence Development Realty , LLC, 95 A.D.3d 1101, 1102 ... 2012]; ... ...
  • Jarama v. 902 Liberty Ave. Hous. Dev. Fund Corp.
    • United States
    • New York Supreme Court — Appellate Division
    • 31 d4 Maio d4 2018
    ...either in the form of a scaffold that could withstand the force of a falling masonry stone ( Saldivar v. Lawrence Dev. Realty, LLC, 95 A.D.3d 1101, 1102, 945 N.Y.S.2d 324 [2d Dept. 2012] [scaffold that collapsed when struck with falling piece of fac¸ade failed to afford proper protection] )......
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