Gerrish v 56 Leonard LLC

Gerrish v 56 Leonard LLC 2018 NY Slip Op 01151 Decided on February 20, 2018 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 February 20, 2018
No. 72 SSM 38

[*1]Robert Gerrish, Respondent,

v

56 Leonard LLC, et al., Appellants, et al., Defendant.

Submitted by Jason L. Beckerman, for appellants.

Submitted by Scott N. Singer, for respondent.

Real Estate Board of New York, amicus curiae.

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, 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.

Decided February 20, 2018