Cedrone v. McCarthy Brothers

212 A.D.2d 979, 623 N.Y.S.2d 438, 1995 N.Y. App. Div. LEXIS 1838

Opinion

—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.