Thorpe v. One Page Park, LLC
| Decision Date | 24 August 2022 |
| Docket Number | 2020–00497,Index No. 381/17 |
| Parties | Lorenzo THORPE, appellant, v. ONE PAGE PARK, LLC, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
208 A.D.3d 818
174 N.Y.S.3d 430
Lorenzo THORPE, appellant,
v.
ONE PAGE PARK, LLC, et al., respondents.
2020–00497
Index No. 381/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted—April 19, 2022
August 24, 2022
Arkady Frekhtman, Brooklyn, NY, for appellant.
Gallo Vitucci Klar, LLP, New York, NY (Jeffrey L. Richman of counsel), for respondents.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Maria S. Vazquez–Doles, J.), dated
January 6, 2020. The order, insofar as appealed from, in effect, upon reargument, adhered to a prior determination in an order of the same court dated August 28, 2019, granting that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant One Page Park, LLC, and denying that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6) insofar as asserted against the defendant One Page Park, LLC.
ORDERED that the order dated January 6, 2020, is modified, on the law, by deleting the provision thereof, in effect, upon reargument, adhering to the determination in the order dated August 28, 2019, granting that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against the defendant One Page Park, LLC, and
substituting therefor a provision, upon reargument, vacating that determination in the order dated August 28, 2019, and thereupon, denying that branch of the motion; as so modified, the order dated January 6, 2020, is affirmed insofar as appealed from, without costs or disbursements.
On July 8, 2016, the plaintiff allegedly was injured in the course of his employment at a construction site. The defendant One Page Park, LLC (hereinafter Page), was the owner of the property and contracted the defendant A–W Coon & Sons, Inc. (hereinafter Coon), to perform excavation work on the site, among other things. The plaintiff, an employee of a nonparty temporary staffing agency, reported to work for Coon and was working on the site when, in the course of installing stakes and caution tape around an open pit, the ground beneath his foot gave way, and he fell into the pit, allegedly sustaining injuries. According to the plaintiff, the pit was 14 to 16 feet deep.
The plaintiff commenced this personal injury action against Page and Coon, asserting causes of action alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The defendants moved for summary judgment dismissing the complaint. The plaintiff cross-moved, inter alia, for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6). In an order dated August 28, 2019, the Supreme Court granted the defendants’ motion and denied the plaintiff's cross motion.
On August 29, 2019, the plaintiff filed a notice of appeal from the order dated August 28, 2019. On March 2, 2020, the plaintiff's appeal from...
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