Majority
p. 914[939 NE2d 805, 913 NYS2d 639] Francesco Strangio, Appellant, v Sevenson Environmental Services, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Thomas Johnson, Inc., Third-Party Defendant-Respondent. Decided November 30, 2010
p. 915
APPEARANCES OF COUNSEL
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for appellant.
Phillips Lytle LLP, Buffalo (William D. Christ and Donna M. Lanham of counsel), for Sevenson Environmental Services, Inc. and another, respondents.
Sliwa & Lane, Buffalo (Michael T Coutu of counsel), for Thomas Johnson, Inc., respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiffs Labor Law § 240 (1) claim and, as so modified, affirmed.
Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law § 240 (1). Plaintiffs remaining contentions lack merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, etc.