| Batista v Manhattanville Coll. |
| 2016 NY Slip Op 08489 [28 NY3d 1093] |
| December 20, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 1, 2017 |
| Rafael Batista, Appellant, v Manhattanville College et al., Respondents, et al., Defendant. |
Decided December 20, 2016
Batista v Manhattanville Coll., 138 AD3d 572, modified.
Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for appellant.
Lewis Johs Avallone Aviles, LLP, Islandia (Robert A. Lifson of counsel), for Manhattanville College, respondent.
Burke, Conway, Loccisano & Dillon, White Plains (Thomas J. Burke and Martin Galvin of counsel), for TJR, Inc., respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, modified, without costs, by granting plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim against defendants Manhattanville College and TJR, Inc. and, as so modified, affirmed, and certified question answered in the negative. Defendants failed to raise a triable issue of fact whether the plaintiff was the sole proximate cause of his accident (see Barreto v Metropolitan Transp. Auth., 25 NY3d 426, 433-434 [2015]).
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.