Jackson v. Solvay Free Union School District

256 A.D.2d 1150, 682 N.Y.S.2d 652, 1998 N.Y. App. Div. LEXIS 14269

Opinion

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff failed to establish that the absence of, or defect in, a safety device was the proximate cause of his injuries (see, Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875; Felker v Corning Inc., 90 NY2d 219, 224). (Appeal from Order of Supreme Court, Onondaga County, Hurlbutt, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.