Monioudis v. City of New York
Cases that cite this one
3 later published cases cite this decision.
- Comerford v. Brown (Appellate Division of the Supreme Court of New York 2011)
- Losito v. Manlyn Development Group, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Melchor v. Singh (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff was working in a courthouse owned by the defendant and using a ladder to prepare the walls and ceiling for painting when the ladder collapsed, causing him to fall and sustain injuries.
The plaintiff established, prima facie, his entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) by submitting his deposition testimony, which demonstrated that he fell when the ladder he was using collapsed, and that the failure to provide a secure ladder proximately caused his injuries (see Gordon v Eastern Ry. Supply, 82 NY2d 555, 561-562 [1993]; McCaffery v Wright & Co. Constr., Inc., 71 AD3d 842, 843 [2010]; Yin Min Zhu v Triple L. Group, LLC, 64 AD3d 590 [2009]; Gilhooly v Dormitory Auth. of State of N.Y., 51 AD3d 719, 720 [2008]; Rivera v Dafna Constr. Co., Ltd., 27 AD3d 545 [2006]).
In opposition, the defendant failed to raise a triable issue of fact. The defendant did not offer any evidence, only mere speculation, to oppose the prima facie case or create a bona fide issue regarding the plaintiffs credibility as to a material fact (see Klein v City of New York, 89 NY2d 833, 835 [1996]; McCaffery v Wright & Co. Constr., Inc., 71 AD3d at 843; Barr v 157 5 Ave., LLC, 60 AD3d 796, 797-798 [2009]; Rivera v Dafna Constr. Co., Ltd., 27 AD3d at 545-546; cf. Duran v Kijak Family Partners, L.P., 63 AD3d 992, 994 [2009]). Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the issue of liability on the cause of action
Case-law data current through December 31, 2025. Source: CourtListener bulk data.