MARK WARD, plf-res, v. URBAN HORIZONS II HOUSING DEVELOPMENT FUND CORPORATION def-ap

14817-14817A. MARK WARD, plf-res, v. URBAN HORIZONS II HOUSING DEVELOPMENT FUND CORPORATION def-ap — Law Offices of Cheng & Associates, PLLC, Long Island City (Pui Chi Cheng of counsel), for ap — Jacoby & Meyers, LLP, New York (Lawrence D. Lissauer of counsel), for res — Judgment, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 2, 2014, in favor of plaintiff on the issue of liability on his Labor Law §240(1) claim, pursuant an order, same court and Justice, entered June 19, 2014, which, inter alia, granted plaintiff's motion for summary judgment on the issue of liability on the §240(1) cause of action, unanimously affirmed, on the law, without costs. Appeal from aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

14817-14817A. MARK WARD, plf-res, v. URBAN HORIZONS II HOUSING DEVELOPMENT FUND CORPORATION def-ap — Law Offices of Cheng & Associates, PLLC, Long Island City (Pui Chi Cheng of counsel), for ap — Jacoby & Meyers, LLP, New York (Lawrence D. Lissauer of counsel), for res — Judgment, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 2, 2014, in favor of plaintiff on the issue of liability on his Labor Law §240(1) claim, pursuant an order, same court and Justice, entered June 19, 2014, which, inter alia, granted plaintiff’s motion for summary judgment on the issue of liability on the §240(1) cause of action, unanimously affirmed, on the law, without costs. Appeal from aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff commenced this lawsuit seeking to recover for personal injuries sustained on July 2, 2008, while installing lighting in a new apartment building under construction at 1330 Intervale Avenue in the Bronx. Plaintiff, standing atop an A-frame ladder, was attempting to drill a hole through an I-beam in preparation for the installation of exterior lighting. The work required the use of two hands, so plaintiff did not have a hand available to hold onto the ladder. Plaintiff testified that as he was drilling, the bit became stuck. Plaintiff lost control of the drill, causing him to fall backward off the ladder and onto the floor. It is undisputed that no equipment was provided to plaintiff to guard against the risk of falling from the ladder while operating the drill, and that plaintiff’s coworker was not stabilizing the ladder at the time of the fall.

MARK WARD, plf-res, v. URBAN HORIZONS II HOUSING DEVELOPMENT FUND CORPORATION def-ap

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal