MOLLER v. [And Other Actions].

Reset A A Font size: Print

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

Walter MOLLER, et al., Plaintiffs-Respondents, v. CITY OF NEW YORK, et al., Defendants-Appellants, New York Crane & Equipment Corporation, Defendant. [And Other Actions].

Decided: August 30, 2007

TOM, J.P., ANDRIAS, NARDELLI, WILLIAMS, BUCKLEY, JJ. Melito & Adolfsen P.C., New York (Abe M. Rychik of counsel), for appellants. Gair, Gair, Conason, Steigman & MacKauf, New York (Rhonda E. Kay of counsel), for respondents.

Order, Supreme Court, New York County (Louis B. York, J.), entered December 13, 2006, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for partial summary judgment on liability on their claim under Labor Law § 240(1), unanimously affirmed, without costs.

Plaintiff worker was in the process of hoisting a two-ton structural piece from an elevated height to a platform.   Before the piece could be placed and stabilized on the platform, the hoisting mechanism failed, causing injury to the worker.   Under these circumstances, it is evident there was a violation of § 240(1) (see e.g. Boyle v. 42nd St. Dev. Project, Inc., 38 A.D.3d 404, 835 N.Y.S.2d 7 [2007] ).   We further note the absence of evidence that the worker's conduct was the sole proximate cause of the accident.