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John Pacifico et al v. Hudson View Associates, LLC et al

Docket 714604/2018, New York State, Queens County, Supreme Court
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30

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 30 (N.Y. Sup. Ct., Queens County May. 21, 2019)
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22

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 22 (N.Y. Sup. Ct., Queens County Feb. 12, 2019)
No.: 1 The following numbered papers read on this motion by plaintiff for leave to enter a default judgment as against the defendant, Hudson View Associates, LLC and proceed to inquest for a determination of damages
A plaintiff seeking a default judgment pursuant to CPLR 3215(e) must show prima facie proof of a cause of action and defendant's liability thereon, personal jurisdiction over the defendant and the failure to a timely appear (see CPLR 3215 [f]; Gerhardt v Salacqua Contr.
The plaintiff submitted, inter alia, his affidavit asserting that while he was working at an elevated height inside the building located at 131 Warburton Ave., Yonkers, NY, wholly or partially owned, operated, controlled and/or managed by the defendant, Hudson View Associates, LLC, he fell from a ladder which was inadequate to protect him from falling.
However, the plaintiff's affidavit is insufficient to, demonstrate that Labor Law §240(1), §241, §241(6), §200 common law negligence are applicable to the incident and that the defaulting defendant is subject to liability thereunder (see Abbatiello v Lancaster Studio Assoc., 3 NY3d 46, 50-51 [2004]; Nagel v. D & R Realty Corp., 99 NY2d 98 [2002]; Comes v New York State Elec.
The mere happening of an accident is not in and of itself proof of negligence or sufficient to establish the liability of the defendant (see Lahr v Tirrill, 274 NY 112, 117 [1937]; See also, Jools v Schatz Halpern Catering Corp, 5 Misc.2d 613 [1956], citing Beutenmiller v Westend Tavern, Inc., 285 AD 820 [1955], aff'd 1 NY2d 652 [1956]; Lewis v Metropolitan Transportation Authority, 99 AD2d 246, 250 [1984], aff'd 64 NY2d 670 [1984]).
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17

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 17 (N.Y. Sup. Ct., Queens County Feb. 12, 2019)

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15

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 15 (N.Y. Sup. Ct., Queens County Jan. 10, 2019)
(6) Other Disclosure: (a) On or before witnesses, and shall exchange st te e affirmation to that effect. , all parties shall exchange names and addresses of all of opposing parties and photographs, or, if none, shall provide an (b) All parties ...
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14

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 14 (N.Y. Sup. Ct., Queens County Jan. 9, 2019)
No.: 1 The following numbered papers read on this motion by plaintiff for leave to enter a default judgment as against the defendant, Hudson View Associates, LLC and proceed to inquest for a determination of damages
A plaintiff seeking a default judgment pursuant to CPLR 3215(e) must show prima facie proof of a cause of action and defendant's liability thereon, personal jurisdiction over the defendant and the failure to a timely appear (see CPLR 3215 [f]; Gerhardt v Salacqua Contr.
The plaintiff submitted, inter alia, his affidavit asserting that while he was working at an elevated height inside the building located at 131 Warburton Ave., Yonkers, NY, wholly or partially owned, operated, controlled and/or managed by the defendant, Hudson View Associates, LLC, he fell from a ladder which was inadequate to protect him from falling.
However, the plaintiff's affidavit is insufficient to, demonstrate that Labor Law §240(1), §241, §241(6), §200 common law negligence are applicable to the incident and that the defaulting defendant is subject to liability thereunder (see Abbatiello v Lancaster Studio Assoc., 3 NY3d 46, 50-51 [2004]; Nagel v. D & R Realty Corp., 99 NY2d 98 [2002]; Comes v New York State Elec.
The mere happening of an accident is not in and of itself proof of negligence or sufficient to establish the liability of the defendant (see Lahr v Tirrill, 274 NY 112, 117 [1937]; See also, Jools v Schatz Halpern Catering Corp, 5 Misc.2d 613 [1956], citing Beutenmiller v Westend Tavern, Inc., 285 AD 820 [1955], aff'd 1 NY2d 652 [1956]; Lewis v Metropolitan Transportation Authority, 99 AD2d 246, 250 [1984], aff'd 64 NY2d 670 [1984]).
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29

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 29 (N.Y. Sup. Ct., Queens County Apr. 23, 2019)
pursuant CPLR 2221(e), granting the plaintiffs leave to renew said motion; (iii) upon granting reargument or renewal, modifying the Court's order, entered January 9, 2019, to the extent of holding Hudson View liable under the plaintiffs' causes of action for violations of Labor Law §240(1), §241(6), §200 and common law negligence at the inquest and trial on damages; and
Park Westchester LLC's ("I.Park") opposition to the plaintiffs' motion to reargue and renew, is that it is made by I.Park-not the defaulting defendant Hudson View.
In his Affidavit of Merit, among other things, the plaintiff attests that he reviewed the complaint and tracks the verification language under oath that each of the allegations contained therein is true.
Concerning the factual allegations on account of which Hudson View is liable, your affirmant respectfully refers the Court to the plaintiffs' initial papers in support of this application to renew and reargue.
pursuant CPLR 2221(e), granting to renew their motion for default upon reargument plaintiffs leave judgment; and, (iii) granting or renewal, modifying the Court's order, entered January 9, 2019, to the extent of holding Hudson View liable under each of the plaintiffs' causes of action for violations of Labor Law §§ 240(1), 241(6), 200, common law negligence at the inquest and trial on damages, and for all other, Dated: further relief that the Court deems just and proper.
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26

Document John Pacifico et al v. Hudson View Associates, LLC et al, 714604/2018, 26 (N.Y. Sup. Ct., Queens County Apr. 17, 2019)

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