AUGELLO v. 20166 TENANTS CORP (1998)

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 plaintiff's 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 plaintiff's 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-Electric Co., 81 N.Y.2d 494, 500-501, 601 N.Y.S.2d 49, 618 N.E.2d 82).   Under these circumstances, plaintiff's 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 plaintiff's Labor Law § 241(6) cause of action (see, Ross v. Curtis-Palmer Hydro-Electric, Co., 81 N.Y.2d, supra at 505, 601 N.Y.S.2d 49, 618 N.E.2d 82).   We have reviewed defendants-appellants' other arguments and find them to be without merit.

MEMORANDUM DECISION.