Gerrish v 56 Leonard LLC, 30 NY3d at 1126 (2018)

2018 NY Slip Op 01151 [30 NY3d 1125]
February 20, 2018
Court of Appeals

[*1]

In the Matter of Robert Gerrish, Respondent,
v
56 Leonard LLC et al., Appellants, et al., Defendant.

Decided February 20, 2018

Gerrish v 56 Leonard LLC, 147 AD3d 511, affirmed.

{**30 NY3d at 1126} OPINION OF THE COURT

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).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.