Gerrish v. 56 Leonard LLC, 94 N.E.3d 899, 71 N.Y.S.3d 411, 30 N.Y.3d 1125 (2018)

Feb. 20, 2018 · New York Court for the Correction of Errors · No. 72 SSM 38

94 N.E.3d 899, 71 N.Y.S.3d 411, 30 N.Y.3d 1125

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

No. 72 SSM 38

Court of Appeals of New York.

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

MEMORANDUM:

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.

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