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Gonzalez v. 1251 Americas Associates

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 210 (N.Y. App. Div. 1999)

Opinion

June 22, 1999.

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Defendant's liability under section 240 (1) was established as a matter of law by the uncontradicted evidence that plaintiff was injured when he fell from a moving scaffold that, while less than 20 feet high, lacked guardrails or other protective devices despite a foreseeable accumulation of water on its platform caused by the continuous spraying that was a necessary part of the asbestos removal work plaintiff was performing ( see, Garcia v. 1122 E. 180th St. Corp., 250 A.D.2d 550, 551, citing Casabianca v. Port Auth., 237 A.D.2d 112; Bland v. Manocherian, 66 N.Y.2d 452, 461). While plaintiff was not the sole witness to the accident, even if he were, "[t]he failure of any party to adduce a statement from plaintiff's co-workers is no reason for denying plaintiff summary judgment, absent a showing, other than mere speculation, that a bona fide issue exists as to plaintiff's credibility" ( Urrea v. Sedgwick Ave. Assocs., 191 A.D.2d 319, 320).

Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.


Summaries of

Gonzalez v. 1251 Americas Associates

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 210 (N.Y. App. Div. 1999)
Case details for

Gonzalez v. 1251 Americas Associates

Case Details

Full title:FRANCISCO GONZALEZ, Respondent, v. 1251 AMERICAS ASSOCIATES, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 22, 1999

Citations

262 A.D.2d 210 (N.Y. App. Div. 1999)
693 N.Y.S.2d 107

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