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JUAN v. FERNANDEZ, plf-ap, v. BBD DEVELOPERS, LLC def-res

9024. JUAN v. FERNANDEZ, plf-ap, v. BBD DEVELOPERS, LLC def-res — Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for ap — Westermann Sheehy Keenan Samaan & Aydelott, Uniondale (Robert M. Conti of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 20, 2011, which denied plaintiff's motion for summary judgment on the issue of liability on his Labor Law §240(1) claim, unanimously reversed, on the law, without costs, and the motion granted.

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9024. JUAN v. FERNANDEZ, plf-ap, v. BBD DEVELOPERS, LLC def-res — Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for ap — Westermann Sheehy Keenan Samaan & Aydelott, Uniondale (Robert M. Conti of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 20, 2011, which denied plaintiff’s motion for summary judgment on the issue of liability on his Labor Law §240(1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff, an employee of subcontractor Casino Development, was performing demolition work on the top floor of a construction site located at 236 East 17th Street in Manhattan. The roof of the building was already off and plaintiff was directed by his supervisor to remove 500 pound steel beams, approximately 10 feet long, by cutting them with a torch and letting them drop down to the floor level below.

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