GERRISH v. 56 LEONARD LLC (2018)

Court of Appeals of New York.

Robert GERRISH, Respondent, v. 56 LEONARD LLC, et al., Appellants, et al., Defendant.

No. 72 SSM 38

Decided: February 20, 2018

Ropers, Majeski, Kohn & Bentley, New York City (Jason L. Beckerman and Douglas H. Miller of counsel), for appellants. Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for respondent. Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone and Gerard S. Rath of counsel), for Real Estate Board of New York, amicus curiae.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Liberally construing the complaint, presuming the facts alleged to be true and affording plaintiff the benefit of all favorable inferences, the complaint states a cause of action and defendants' documentary evidence does not establish, as a matter of law, that the work site where plaintiff's injury occurred was not a construction area in accordance with Labor Law § 241(6).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.

MEMORANDUM:

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network