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CEDRONE v. McCARTHY BROS. &/OR McCARTHY

212 A.D.2d 979 (1995)

623 N.Y.S.2d 438

Franco Cedrone, Appellant, v. McCarthy Brothers and/or McCarthy, a Partnership, Respondent. Franco Cedrone, Appellant, v. Crouse Irving Memorial Hospital, Inc., Respondent. McCarthy Brothers and/or McCarthy, a Partnership, Third-Party Plaintiff, v. Murnane Kosoff, Inc., Third-Party Defendant-Respondent

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

February 3, 1995

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

Memorandum:

Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related" because plaintiff "[fell] from a height" (Ross v Curtis-Palmer Hydro...

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