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WARSAW v. EASTERN ROCK PRODS., INC.

210 A.D.2d 883 (1994)

621 N.Y.S.2d 254

Vincent Warsaw, Appellant, v. Eastern Rock Products, Inc., Respondent, and Rexnord, Inc., Also Known as Rex Chainbelt, Inc., Also Known as Chain Belt Company, Defendant Rexnord Holdings, Inc., Successor by Merger to Rexnord, Inc., Third-Party Plaintiff, v. Machinery Repair Corporation, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1994

Order unanimously affirmed without costs.

Memorandum:

Because plaintiff was not engaged in a protected activity within Labor Law § 240 (1) or § 241 (6) at the time of the accident (see, Warsaw v Eastern Rock Prods., 193 A.D.2d 1115), Supreme Court properly granted the motion of Eastern Rock Products, Inc. (Eastern Rock) for summary judgment dismissing those...

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