Opinion
11503 Index 303001/16
05-14-2020
Jose Delcid ORELLANA, Plaintiff–Respondent, v. MO–HAK ASSOCIATES, LLC, Defendant–Appellant.
Mauro Lilling Naparty, Woodbury (Seth M. Weinberg of counsel), for appellant. Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for respondent.
Mauro Lilling Naparty, Woodbury (Seth M. Weinberg of counsel), for appellant.
Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for respondent.
Richter, J.P., Oing, Singh, Moulton, JJ.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered on or about April 16, 2019, which granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) claim, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff was injured when he fell from a ladder while painting an apartment in a building owned by defendant. The testimony of plaintiff's employer, that he had specifically instructed plaintiff only to paint areas he could reach and not to use the ladder, raises triable issues as to whether plaintiff's duties were expressly limited to work that did not expose him to an elevation-related hazard within the purview of Labor Law § 240(1) (see McCue v. Cablevision Sys. Corp., 160 A.D.3d 595, 75 N.Y.S.3d 170 [1st Dept. 2018] ; Simoes v. City of New York, 81 A.D.3d 514, 917 N.Y.S.2d 163 [1st Dept. 2011] ; Vega v. Renaissance 632 Broadway, LLC, 103 A.D.3d 883, 884–885, 962 N.Y.S.2d 200 [2d Dept. 2013] ).