MARK PEREZ, plf-res, v. BEACH CONCERTS, INC. def, LIVE NATION WORLDWIDE, INC. def-ap

4810. MARK PEREZ, plf-res, v. BEACH CONCERTS, INC. def, LIVE NATION WORLDWIDE, INC. def-ap — [AND A THIRD-PARTY ACTION] Hannum Feretic Prendergast & Merlino, LLC, New York (Kerri M. Hoffman of counsel), for ap — Morelli Law Firm PLLC, New York (David Sirotkin of counsel), for res — Order, Supreme Court, New York County (Gerald Lebovits, J.), entered July 1, 2016, which, insofar as appealed from, granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law §240(1) claim as against defendant Live Nation Worldwide, Inc. (Live Nation), unanimously affirmed, without costs.

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4810. MARK PEREZ, plf-res, v. BEACH CONCERTS, INC. def, LIVE NATION WORLDWIDE, INC. def-ap — [AND A THIRD-PARTY ACTION] Hannum Feretic Prendergast & Merlino, LLC, New York (Kerri M. Hoffman of counsel), for ap — Morelli Law Firm PLLC, New York (David Sirotkin of counsel), for res — Order, Supreme Court, New York County (Gerald Lebovits, J.), entered July 1, 2016, which, insofar as appealed from, granted plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law §240(1) claim as against defendant Live Nation Worldwide, Inc. (Live Nation), unanimously affirmed, without costs.

The court properly granted plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim because Live Nation was the “owner” of the accident site in its role as licensee of Jones Beach Marine Theatre. The record demonstrates that as licensee, Live Nation had the sole authority to operate and maintain the premises, including the right to insist that workers on the site follow proper safety practices (see Zaher v. Shopwell, Inc., 18 AD3d 339, 339-340 [1st Dept 2005]; Bart v. Universal Pictures, 277 AD2d 4, 5 [1st Dept 2000]; Seferovic v. Atlantic Real Estate Holdings, LLC, 127 AD3d 1058, 1060 [2d Dept 2015]). The court did not err in considering the merger agreement showing that Live Nation was the licensee of the premises for the first time in reply, because plaintiff submitted that document in response to an argument made in opposition to the motion (see Rodriguez v. Weinstein Enters., Inc., 113 AD3d 483, 484 [1st Dept 2014]).

MARK PEREZ, plf-res, v. BEACH CONCERTS, INC. def, LIVE NATION WORLDWIDE, INC. def-ap

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