Cedrone v. McCarthy Brothers , 623 N.Y.S.2d 438 ( 1995 )


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  • —Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related” because plaintiff "[fell] from a height” (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501; cf, Hunter v BTC Block 17/18, 210 AD2d 968; Misseritti v Mark IV Constr. Co., 209 AD2d 931). (Appeal from Order of Supreme Court, Onondaga County, Pooler, J.—Labor Law § 240 [1].) Present—Pine, J. P., Fallon, Wesley, Callahan and Davis, JJ.

Document Info

Citation Numbers: 212 A.D.2d 979, 623 N.Y.S.2d 438

Filed Date: 2/3/1995

Precedential Status: Precedential

Modified Date: 1/13/2022