Bin Gu v. Palm Beach Tan, Inc., 81 A.D.3d 867 (N.Y. App. Div. 2011). · Go Syfert
Bin Gu v. Palm Beach Tan, Inc., 81 A.D.3d 867 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Nalvarte v. Long Island University (nyappdiv, 2017-08-16)
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discussed Cited as authority (rule) Nalvarte v. Long Island University
N.Y. App. Div. · 2017 · confidence medium
The defendant also raised a triable issue of fact as to whether the scaffolds alone were adequate for the job, thereby negating any need for the plaintiff to place a closed ladder on top of the scaffolds (see Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [2011]).
discussed Cited as authority (rule) Suarez v. State
nyclaimsct · 2015 · confidence medium
The court finds that claimant established, prima facie, his entitlement to judgment as a matter of law on the issue of liability on his cause of action alleging a violation of Labor Law § 240 (1) by submitting evidence demonstrating that the defendant failed to provide him with an adequate safety device, and that such failure was a proximate cause of his injuries (see Olea v Overlook Towers Corp., 106 AD3d 431, 431-432 [2013]; Wicks v Leemilt's Petroleum, Inc., 103 AD3d 793 , 795 [2013]; Susko v 337 Greenwich LLC, 103 AD3d 434 , 435 [2013]; Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [201…
discussed Cited as authority (rule) Doto v. Astoria Energy II, LLC
N.Y. App. Div. · 2015 · confidence medium
The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability on his cause of action alleging a violation of Labor Law § 240 (1) by submitting evidence demonstrating that the defendants failed to provide him with an adequate safety device, and that such failure was a proximate cause of his injuries (see Olea v Overlook Towers Corp., 106 AD3d 431, 431-432 [2013]; Wicks v Leemilt’s Petroleum, Inc., 103 AD3d at 795; Susko v 337 Greenwich LLC, 103 AD3d 434, 435 [2013]; Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [2011]).
cited Cited as authority (rule) Cruz v. Cablevision Systems Corp.
N.Y. App. Div. · 2014 · confidence medium
Church, 82 AD3d at 1194 ; Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [2011]; Ortiz v 164 Atl.
discussed Cited as authority (rule) Mora v. Nakash
N.Y. App. Div. · 2014 · confidence medium
In addition, MNC raised a triable issue of fact as to whether the plaintiffs conduct was the sole proximate cause of his accident, as it submitted evidence showing that either the ladder or the scaffold, alone, was adequate for the job at hand, thereby negating any need for the plaintiff’s placement of the ladder on top of the scaffold (see Singh v City of New York, 113 AD3d 605, 606 [2014]; Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [2011]; Probst v 11 W. 42 Realty Invs., LLC, 106 AD3d 711 , 712 [2013]).
discussed Cited as authority (rule) Mora v. Nakash
N.Y. App. Div. · 2014 · confidence medium
In addition, MNC raised a triable issue of fact as to whether the plaintiffs conduct was the sole proximate cause of his accident, as it submitted evidence showing that either the ladder or the scaffold, alone, was adequate for the job at hand, thereby negating any need for the plaintiff’s placement of the ladder on top of the scaffold (see Singh v City of New York, 113 AD3d 605, 606 [2014]; Bin Gu v Palm Beach Tan, Inc., 81 AD3d 867, 868 [2011]; Probst v 11 W. 42 Realty Invs., LLC, 106 AD3d 711 , 712 [2013]).
Retrieving the full opinion text from the archive…
Bin Gu
v.
Palm Beach Tan, Inc., Defendant/Third Third-Party Plaintiff/Fourth Third-Party Northeast Tan, LLC, Defendants/Third Third-Party Plaintiffs/Fourth Third-Party Plaintiffs-Respondents, Contemporary Environmental Management, Inc., Doing Business as Contemporary Construction, Defendant/Third-Party Plaintiff-Respondent, RD Management LLC, Defendants-Respondents, and New York Connecticut Development Corp., Defendant/Third-Party Defendant/Second Third-Party Plaintiff/Third Third-Party Defendant-Respondent, Smart Choice of New York, Inc., Second Third-Party Defendant/Fourth Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Feb 22, 2011.
81 A.D.3d 867
Cited by 9 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Flaherty, J.), entered November 24, 2009, as denied those branches of his cross motion which were for summary judgment on the cause of action pursuant to Labor Law § 240 (1) insofar as asserted against the defendants Northeast Tan, LLC, CT Tan, LLC, Contemporary Environmental Management, Inc., doing business as Contemporary Construction, FB Mt. Kisco Owner, LLC, RD Management LLC, and New York Connecticut Development Corp.

Ordered that the order is affirmed insofar as appealed from, with costs payable to the defendants Northeast Tan, LLC, and CT Tan, LLC, the defendants FB Mt. Kisco Owner, LLC, and RD Management LLC, and the second third-party defendant/ fourth third-party defendant, Smart Choice of New York, Inc., appearing separately and filing separate briefs.

In September 2006 the plaintiff, an employee of Smart Choice of New York, Inc., was installing sheetrock in the course of a construction project at a tanning salon. He was standing on the second rung of an open and locked A-frame ladder which he placed on top of a six-foot scaffold, with all its wheels locked,[*868] when he fell from the ladder and to the floor, sustaining injury. The plaintiff then commenced this action against the owners and lessees of the tanning salon, as well as the contractors associated with the construction project, seeking to recover damages, pursuant to, inter alia, Labor Law § 240 (1), for personal injuries he allegedly sustained from the accident.

Contrary to the plaintiff’s contention, the Supreme Court properly denied those branches of his cross motion which were for summary judgment on the Labor Law § 240 (1) cause of action insofar as asserted against the defendants Northeast Tan, LLC, CT Tan, LLC, Contemporary Environmental Management, Inc., doing business as Contemporary Construction, FB Mt. Kisco Owner, LLC, RD Management LLC, and New York Connecticut Development Corp. (hereafter collectively the defendants).

“Labor Law § 240 (1) imposes absolute liability on owners, contractors and agents for their failure to provide workers with safety devices that properly protect against elevation-related special hazards. Breach of the statutory duty must be the proximate cause of the injury. The statute is to be interpreted liberally to accomplish its purpose” (Striegel v Hillcrest Hgts. Dev. Corp., 100 NY2d 974, 977 [2003]; see Rocovich v Consolidated Edison Co., 78 NY2d 509, 512-514 [1991]; Zimmer v Chemung County Performing Arts, 65 NY2d 513, 514 [1985]). In order to prevail on a Labor Law § 240 (1) cause of action, the plaintiff must establish a violation of the statute and that the violation was a proximate cause of his or her injuries (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 289 [2003]).

Applying these principles to the matter at bar, the plaintiff established his prima facie entitlement to judgment as a matter of law with evidence that he was not provided with an adequate safety device, and that such a violation of Labor Law § 240 (1) was a proximate cause of his accident (see Ortiz v 164 Atl. Ave., LLC, 77 AD3d 807 [2010]).

In opposition, however, the defendants and the second third-party defendant/fourth third-party defendant, Smart Choice of New York, Inc., raised a triable issue of fact as to whether the plaintiffs conduct was the sole proximate cause of his accident. Specifically, they submitted evidence showing, inter alia, that the scaffold provided to the plaintiff to perform his work was safe and adequate, in and of itself, for the job at hand, thereby negating any need for the plaintiffs placement of the ladder on top of the scaffold (see Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 39 [2004]; Blake v Neighborhood Hous. Servs. [*869] of N.Y. City, 1 NY3d at 291; Chang Han Kim v Clymer Cent. School, 72 AD3d 1547 [2010]; cf. Chlebowski v Esber, 58 AD3d 662 [2009]; Rudnik v Brogor Realty Corp., 45 AD3d 828 [2007]).

Accordingly, the Supreme Court correctly denied those branches of the plaintiff’s cross motion which were for summary judgment on the Labor Law § 240 (1) cause of action insofar as asserted against the defendants. Mastro, J.P., Chambers, Roman and Cohen, JJ., concur.