Borelli v. JB IV, LLC
Plaintiff Patrick K. Borelli sustained personal injuries after falling from a ladder while performing exterior painting work at a property owned by defendant JB IV, LLC and leased to defendant Champz of Binghamton, LLC. He and his wife commenced an action alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court partially granted defendants' motion for summary judgment by dismissing two regulatory violations under Labor Law § 241 (6), but otherwise denied both parties' motions. On appeal, the Appellate Division affirmed the denial of defendants' motion for summary judgment on the remaining Labor Law claims, finding unresolved questions of fact regarding the creation of the dangerous condition and the adequacy of safety devices provided. The appeal from the initial order was dismissed as superseded by an amended order.