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HOLKA v. MT. MERCY ACAD.

221 A.D.2d 949 (1995)

634 N.Y.S.2d 310

Douglas A. Holka et al., Respondents, v. Mt. Mercy Academy, Appellant and Third-Party Plaintiff, et al., Defendant. Building Controls & Services, Inc., Third-Party Defendant-Appellant

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

November 15, 1995

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted the cross motion of plaintiffs for partial summary judgment on the issue of liability under Labor Law § 240 (1). Douglas A. Holka (plaintiff), an employee of third-party defendant, Building Controls & Services, Inc. (BCS), was sent to Mt. Mercy Academy to remove a broken motor from a blower unit of the ventilation system,...

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