From Casetext: Smarter Legal Research

Natoli v. City of N.Y.

Supreme Court, Appellate Division, First Department, New York.
Mar 15, 2017
148 A.D.3d 489 (N.Y. App. Div. 2017)

Opinion

03-15-2017

Nicholas NATOLI, Plaintiff–Respondent, v. CITY OF NEW YORK, et al., Defendants–Appellants.

Cozen O'Connor, New York (Rachel H. Bevans of counsel), for appellants. Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Jonathan A. Dachs of counsel), for respondent.


Cozen O'Connor, New York (Rachel H. Bevans of counsel), for appellants.

Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Jonathan A. Dachs of counsel), for respondent.

FRIEDMAN, J.P., ANDRIAS, GISCHE, WEBBER, JJ.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 19, 2016, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the Labor Law § 240(1) claim, and granted plaintiff's cross motion for partial summary judgment on that claim, unanimously modified, on the law, to deny plaintiff's cross motion, and otherwise affirmed, without costs.

Plaintiff was injured when he and a coworker attempted to move a wooden skid from a vertical position onto an A–frame dolly by tilting it at a 45–degree angle on one corner and toppling it onto the dolly. While plaintiff hoisted his side of the skid overhead with his arms, his coworker apparently lost his grip, and the skid fell on plaintiff, causing tears in his arm and shoulder.

That plaintiff and the skid were on the same level does not bar application of Labor Law § 240(1) (see Wilinski v. 334 E. 92nd Hous. Dev. Fund Corp., 18 N.Y.3d 1, 935 N.Y.S.2d 551, 959 N.E.2d 488 [2011] ; Rodriguez v. DRLD Dev., Corp., 109 A.D.3d 409, 970 N.Y.S.2d 213 [1st Dept.2013] ).

However, contrary to plaintiff's argument, a triable issue of fact exists as to the weight of the skid and, therefore, whether a safety device was required under the statute.


Summaries of

Natoli v. City of N.Y.

Supreme Court, Appellate Division, First Department, New York.
Mar 15, 2017
148 A.D.3d 489 (N.Y. App. Div. 2017)
Case details for

Natoli v. City of N.Y.

Case Details

Full title:Nicholas NATOLI, Plaintiff–Respondent, v. CITY OF NEW YORK, et al.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 15, 2017

Citations

148 A.D.3d 489 (N.Y. App. Div. 2017)
148 A.D.3d 489
2017 N.Y. Slip Op. 1818

Citing Cases

Natoli v. City of New York

In this Labor Law case, Plaintiff Nicholas Natoli, a construction worker, was injured on July 6, 2011 when he…

Volgassov v. Silverstein Props.

r. Corp., 41 A.D.3d 639, 640-641 [2d Dept 2007]; cf. Berg, 10 N.Y.3d at 903-904) or where a plaintiff's fall…