PANTELAROS v. << (1997)

Supreme Court, Appellate Division, First Department, New York.

Isidoros PANTELAROS, et al., Plaintiffs-Respondents, v.
75TH ST. TENANTS CORP., Defendant/Third-Party Plaintiff-Respondent, v. OLYMPIC TORCH PAINTING, LTD., Third-Party Defendant, Kayafas Contracting Co., Inc., Third-Party Defendant-Appellant.

Decided: December 04, 1997

Before MILONAS, J.P., and RUBIN, TOM, MAZZARELLI and COLABELLA, JJ.

Kenneth Marder, for Plaintiffs-Respondents. Lawrence A. Doris, for Defendant/Third-Party Plaintiff-Respondent. Mendel White, for Third-Party Defendant-Appellant.

Order, Supreme Court, New York County (Paula Omansky, J.), entered September 23, 1996, which, in an action for personal injuries by a laborer against the owner of a construction site, insofar as appealed from, denied the motion of third-party defendant contractor, plaintiff's employer, for summary judgment dismissing plaintiff's Labor Law § 240(1) claim, unanimously affirmed, without costs.

Plaintiff's allegations, if true, that, while attempting to secure scaffolding on the roof of the building, and without any safety devices in place, he fell off a sloped portion of the roof 10 feet onto a flat portion of the roof injuring his back and leg, state a cause of action under Labor Law § 240(1) (see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514, 577 N.Y.S.2d 219, 583 N.E.2d 932). There are issues of fact that cannot be resolved on this record (cf., id., 514-515, 577 N.Y.S.2d 219, 583 N.E.2d 932).

MEMORANDUM DECISION.

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