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Plaintiff Luis F. Ortiz was injured while performing demolition work, specifically rearranging debris in a six-foot-high dumpster, when he fell from an eight-inch ledge during rain. He sued defendants Varsity Holdings, LLC and Mag Realty Corp. under Labor Law §§ 200, 240 (1), and 241 (6). Supreme Court granted defendants' summary judgment and denied Ortiz's cross-motion for summary judgment on Labor Law § 240 (1). The Appellate Division affirmed. The Court of Appeals modified the order, denying defendants' motion for summary judgment on the Labor Law § 240 (1) claim, finding a triable issue of fact regarding the elevation-related risk, but affirmed the denial of Ortiz's cross-motion due to insufficient evidence to establish necessity of standing on the ledge or the availability of a specific safety device.
Ortiz v. Varsity Holdings, LLC is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
Plaintiff Luis F. Ortiz was injured while performing demolition work, specifically rearranging debris in a six-foot-high dumpster, when he fell from an eight-inch ledge during rain. He sued defendants Varsity Holdings, LLC and Mag Realty Corp. under Labor Law §§ 200, 240 (1), and 241 (6). Supreme Court granted defendants' summary judgment and denied Ortiz's cross-motion for summary judgment on Labor Law § 240 (1). The Appellate Division affirmed. The Court of Appeals modified the order, denying defendants' motion for summary judgment on the Labor Law § 240 (1) claim, finding a triable issue of fact regarding the elevation-related risk, but affirmed the denial of Ortiz's cross-motion due to insufficient evidence to establish necessity of standing on the ledge or the availability of a specific safety device.
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