If the case does not fully load, turn your device sideways to landscape mode Gelvez v Tower 111, LLC (2018 NY Slip Op 08091)
Gelvez v Tower 111, LLC
2018 NY Slip Op 08091 [166 AD3d 547]
November 27, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2019


[*1]
 Eduardo Gelvez et al., Appellants,
v
Tower 111, LLC, et al., Respondents, et al., Defendants.

Lawrence B. Goodman, New York, for appellants.

Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for respondents.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered January 22, 2018, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for partial summary judgment on the issue of liability on the Labor Law § 240 (1) claim, unanimously affirmed, without costs.

Plaintiff Eduardo Gelvez was injured when a cinder block wall that he was demolishing collapsed onto the scaffold on which he was working, knocking the scaffold over. The bottom of the wall had already been demolished when the accident occurred. Triable issues of fact exist as to whether plaintiff was instructed to demolish the wall from top to bottom, and whether any decision by plaintiff to work from the bottom up, in contravention of an explicit instruction or in contravention of his training or common knowledge, was the sole proximate cause of the accident (see Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 39-40 [2004]; Nalvarte v Long Is. Univ., 153 AD3d 712, 713-714 [2d Dept 2017]).

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ. [Prior Case History: 2018 NY Slip Op 30114(U).]

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