Narrative Opinion Summary
In Guerrero v. 115 Central Park West Corp., the Appellate Division, First Department, affirmed the Bronx Supreme Court's order denying plaintiffs' motion for partial summary judgment regarding liability under Labor Law § 240(1). The court found that significant triable issues of fact existed related to the circumstances of Hector Guerrero's accident. Guerrero claimed that the scaffolding shifted, causing his leg to fall into a gap between the scaffolding and a building. However, he failed to report this specific cause to his foreman on the day of the incident; instead, he later stated he was injured while lifting equipment, omitting any mention of the scaffolding. The court evaluated and rejected the plaintiffs' other arguments, concluding that they did not merit relief. The decision was entered on January 3, 2019, with no costs awarded.
Legal Issues Addressed
Assessment of Plaintiff's Alternative Argumentssubscribe to see similar legal issues
Application: The court reviewed and dismissed the plaintiffs' other arguments for relief, indicating they were insufficient to warrant a different outcome.
Reasoning: The court evaluated and rejected the plaintiffs' other arguments, concluding that they did not merit relief.
Evidentiary Requirements for Summary Judgmentsubscribe to see similar legal issues
Application: The court denied the motion for partial summary judgment due to inconsistencies in the plaintiff's account of the accident, emphasizing the necessity of consistent and specific evidence for such motions.
Reasoning: Guerrero claimed that the scaffolding shifted, causing his leg to fall into a gap between the scaffolding and a building. However, he failed to report this specific cause to his foreman on the day of the incident.
Labor Law § 240(1) Liabilitysubscribe to see similar legal issues
Application: The court assessed whether the plaintiff's account of the accident involving scaffolding shifting constituted a breach of Labor Law § 240(1), ultimately finding unresolved factual issues precluded summary judgment.
Reasoning: The court found that significant triable issues of fact existed related to the circumstances of Hector Guerrero's accident.