Batista v Manhattanville Coll.

Batista v Manhattanville Coll. 2016 NY Slip Op 08489 Decided on December 20, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2016
No. 233 SSM 39

[*1]Rafael Batista, Appellant,

v

Manhattanville College, et al., Respondents, The Female Academy of the Sacred Heart, Defendant.

Submitted by Brian J. Isaac, for appellant.

Submitted by Robert A. Lifson, for respondent Manhattanville College.

Submitted by Thomas J. Burke, for respondent TJR, Inc.

On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, modified, without costs, by granting plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) claim against defendants Manhattanville College and TJR, Inc. and, as so modified, affirmed, and certified question answered in the negative. Defendants failed to raise a triable issue of fact whether the plaintiff was the sole proximate cause of his accident (see Barreto v Metropolitan Transp. Auth., 25 NY3d 426, 433-434 [2015]). Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided December 20, 2016