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MILLER v. C.O. FALTER CONSTR. CORP.

226 A.D.2d 1110 (1996)

642 N.Y.S.2d 137

Steven D. Miller, Appellant-Respondent, v. C.O. Falter Construction Corp., Respondent-Appellant and Third-Party Plaintiff-Appellant, and Charles O. Falter et al., Respondents, et al., Defendants. John Selesky, Doing Business as S&S Drywall Company, Third-Party Defendant-Respondent-Appellant

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

April 19, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured when he fell from stilts while taping drywall at a construction site. He contends that Supreme Court erred in denying his motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) against defendant C.O. Falter Construction Corp. (C.O. Falter), the general contractor. We agree. Stilts are the equivalent...

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