Augello v. 20166 Tenants Corp.

251 A.D.2d 44, 673 N.Y.S.2d 664, 1998 N.Y. App. Div. LEXIS 6447

Opinion

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 23, 1997, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment dismissing plaintiffs Labor Law § 240 (1) and § 241 (6) claims; and, order, same court and Justice, entered on or about April 3, 1997, which, inter alia, granted plaintiffs motion for partial summary judgment as to liability on his Labor Law § 240 (1) claim against the owner, lessees and general contractor, unanimously affirmed, without costs.

Plaintiff was severely injured while working at a construction site when his hand was hit by a falling pulley assembly. The accident was clearly within the remedial scope of Labor Law § 240 (1) since the falling pulley assembly had not been properly secured (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 500-501). Under these circumstances, plaintiffs motion for summary judgment upon his Labor Law § 240 (1) claim was properly granted. In addition, the regulations cited by plaintiff, requiring, inter alia, that pulley blocks and/or similar devices be securely fastened or used with safety hooks (see, e.g., 12 NYCRR 23-6.2 [c]), were sufficiently concrete in their specifications to support plaintiffs Labor Law § 241 (6) cause of action (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d, supra, at 505). We have reviewed defendants-appellants’ other arguments and find them to be without merit. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.