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PIRONI v. CITY OF NEW YORK

233 A.D.2d 187 (1996)

649 N.Y.S.2d 793

Natalina Pironi, Plaintiff, v. City of New York et al., Defendants Quarry Crotona Homes, Inc., et al., Third-Party Plaintiffs-Respondents, v. Pironi Brothers, Inc., et al., Third-Party Defendants-Appellants. (And a Second Third-Party Action.)

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

November 14, 1996

Comparative negligence is not a defense against a Labor Law § 240 (1) claim (Kendall v Venture Dev., 206 A.D.2d 797, 799). The problem of "double counting", the basis of third-party defendants' argument for reversal, is not involved "where the absolute liability of * * * the contractor [third-party plaintiffs] * * * is based on [its] nondelegable duties under Labor Law § 240...

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