Majority
p. 979Franco Cedrone, Appellant, v McCarthy Brothers and/or McCarthy, a Partnership, Respondent. Franco Cedrone, Appellant, v Crouse Irving Memorial Hospital, Inc., Respondent. McCarthy Brothers and/or McCarthy, a Partnership, Third-Party Plaintiff, v Murnane Kosoff, Inc., Third-Party Defendant-Respondent. [623 NYS2d 438]
—Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related” because plaintiff "[fell] from a height” (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494 , 501; cf, Hunter v BTC Block 17/18, 210 AD2d 968 ; Misseritti v Mark IV Constr. Co., 209 AD2d 931 ). (Appeal from Order of Supreme Court, Onondaga County, Pooler, J.—Labor Law § 240 [1].) Present—Pine, J. P., Fallon, Wesley, Callahan and Davis, JJ.
Cases cited
- Ross v. Curtis-Palmer Hydro-Electric Co. 81 NY2d 494 at 501 p. 979
- Misseritti v. Mark IV Construction Co. 209 AD2d 931 p. 979