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MORRIS v. MARK IV CONSTR. CO., INC.

203 A.D.2d 922 (1994)

611 N.Y.S.2d 68

Donald I. Morris, Appellant, v. Mark IV Construction Co., Inc., et al., Respondents Mark IV Construction Co., Inc., Third-Party Plaintiff, v. TDA Residential Heating Installation, Inc., Third-Party Defendant-Respondent

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

April 15, 1994

Order insofar as appealed from unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court should have granted plaintiff's motion for partial summary judgment with respect to liability on plaintiff's Labor Law § 240 (1) cause of action against Mark IV Construction Co., Inc. (Mark IV) and defendant Dun-Rite Heating, Inc. (Dun-Rite).

By showing that he fell from an elevated worksite while engaging in activity protected...

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