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LYNCH v. CITY OF NEW YORK

209 A.D.2d 590 (1994)

619 N.Y.S.2d 657

Michael Lynch, Appellant-Respondent, v. City of New York, Defendant, Villepigue Outdoor Advertising Corp., Respondent, and Long Island Railroad et al., Appellants and Third-Party Plaintiffs-Respondents. Service Sign Erectors, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

November 21, 1994

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly determined that there are questions of fact which preclude an award of partial summary judgment in his favor on the issue of liability pursuant to Labor Law § 240 (1). Indeed, a factual issue exists with regard to whether the plaintiff refused...

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