Justin Nazario v. 222 Broadway, LLC, 222 Broadway, LLC v. Knight Electrical Services Corp.
Cases that cite this one
23 later published cases cite this decision.
- Arias v. Brooks Holdings Corp. (Appellate Division of the Supreme Court of New York 2026)
- Cutaia v. Board of Mgrs. of the Varick St. Condominium (Appellate Division of the Supreme Court of New York 2019)
- Szczesiak v. Ery Tenant LLC (Appellate Division of the Supreme Court of New York 2026)
- Michael Cutaia v. The Board of Managers of the 160/170 Varick Street , Condominium (N.Y. 2022)
- Nusbaum v. 1455 Wash. Ave. LLC (Appellate Division of the Supreme Court of New York 2025)
- Davila v. RCPI Landmark Props., L.L.C. (New York Supreme Court, New York County 2024)
- Saquisili v. Harlem Urban Dev. Corp. (New York Supreme Court, New York County 2024)
- Garcia v. 13 W. 38 LLC (Appellate Division of the Supreme Court of New York 2023)
- Gutierrez v. Turner Towers Tenants Corp. (Appellate Division of the Supreme Court of New York 2022)
- Gutierrez v. Turner Towers Tenants Corp. (Appellate Division of the Supreme Court of New York 2022)
- Rosa v. 47 E. 34th St. (NY), L.P. (Appellate Division of the Supreme Court of New York 2022)
- Rosa v. 47 E. 34th St. (NY), L.P. (Appellate Division of the Supreme Court of New York 2022)
- Castillo v. TRM Contr. 626, LLC (Appellate Division of the Supreme Court of New York 2022)
- Castillo v. TRM Contr. 626, LLC (Appellate Division of the Supreme Court of New York 2022)
- Higgins v. TST 375 Hudson, L.L.C. (Appellate Division of the Supreme Court of New York 2020)
- Morera v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2020)
- Valle v. Port Auth. of N.Y. & N.J. (Appellate Division of the Supreme Court of New York 2020)
- Valle v. Port Auth. of N.Y. & N.J. (Appellate Division of the Supreme Court of New York 2020)
- Nazario v. 222 Broadway, LLC (Appellate Division of the Supreme Court of New York 2017)
- JONES, STEPHEN M. v. NAZARETH COLLEGE OF ROCHESTER (Appellate Division of the Supreme Court of New York 2017)
- O'Leary v. S&A Electrical Contracting Corp. (Appellate Division of the Supreme Court of New York 2017)
- Jones v. Nazareth College of Rochester (Appellate Division of the Supreme Court of New York 2017)
- Jones v. Nazareth College of Rochester (Appellate Division of the Supreme Court of New York 2017)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by denying plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim and remitting the case to the Appellate Division for consideration of the issues raised but not determined on the appeal to that Court, and, as so modified, affirmed, and the certified question should be answered in the negative.
Plaintiff is not entitled to summary judgment under Labor Law § 240 (1). While using an A-frame ladder, plaintiff fell after receiving an electrical shock. Questions of fact exist as to whether the ladder failed to provide proper protection, and whether plaintiff should have been provided with additional safety devices (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 287 [2003]; Barreto v Metropolitan Transp. Auth., 25 NY3d 426 [2015], rearg denied 25 NY3d 1211 [2015]). Defendants Lime Energy Co. and Jones Lang LaSalle Americas, Inc. were properly granted summary judgment on their contractual indemnification claims against Knight Electrical Services Corp.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, modified, without costs, by denying plaintiffs motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim and remitting the case to the Appellate Division, First Department, for consideration of is *1056 sues raised but not determined on the appeal to that Court, and, as so modified, affirmed, and certified question answered in the negative, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.