Correto v. Onex Real Estate Partners
Docket: Index No. 151131/17 Appeal No. 16420 Case No. 2021-04266
Court: Appellate Division of the Supreme Court of the State of New York; October 13, 2022; New York; State Appellate Court
Original Court Document: View Document
The appellate decision in Correto v. Onex Real Estate Partners (2022 NY Slip Op 05747), rendered on October 13, 2022, affirms the lower court's ruling regarding labor law violations. The court upheld the Supreme Court of New York County's decision to grant Alberto Correto partial summary judgment on his Labor Law § 240(1) claim, while denying the defendants' motions for summary judgment to dismiss that claim. Plaintiff Correto established his entitlement to summary judgment by demonstrating that he sustained injuries when a large, remotely operated spyder crane toppled over a poorly constructed ramp, ultimately landing on his foot. The ramp, which was inadequate due to its lack of barriers and insufficient width for the crane, was deemed unsafe for the operation intended. The defendants' assertion that Correto's supervisor operated the crane negligently was rejected as a valid defense against the Labor Law § 240(1) claim. Furthermore, the court found the defendants' challenges to Correto's Labor Law § 241(6) claim to be irrelevant, given the successful grant of summary judgment on the Labor Law § 240(1) claim. The decision is finalized as the official ruling of the appellate division.