Luis F. Ortiz, Appellant v. Varsity Holdings, LLC, Respondents

Summary

The New York Court of Appeals denied the defendants' motion for summary judgment on Luis F. Ortiz's Labor Law §240(1) claim, holding that the facts raise a genuine issue whether the task created an elevation‑related risk and whether a safety device could have prevented the fall. The Court also affirmed the lower court's denial of Ortiz's cross‑motion for summary judgment, finding his evidence insufficient to win summary judgment.