Yanni v. Port Authority of New York & New Jersey

203 A.D.2d 188, 612 N.Y.S.2d 848, 1994 N.Y. App. Div. LEXIS 4222

Opinion

—Order, Supreme Court, New York County (Stephen Crane, J.), entered April 28, 1993, which denied plaintiff’s motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached at trial. Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.