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AMATO v. STATE OF NEW YORK

241 A.D.2d 400 (1997)

660 N.Y.S.2d 576

Rosario Amato et al., Respondents, v. State of New York, Appellant

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

July 24, 1997

There is no dispute as to the relevant facts here and the questions raised were ripe for determination on summary judgment. We find that the facts clearly show that plaintiff's injury did not fall within the scope of Labor Law § 240 (1) and § 241 (6).

"[S]ection 240 (1) imposes absolute liability on owners, contractors and their agents for any breach of the statutory duty [to provide adequate safety devices] which...

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