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AUGELLO v. 20166 TENANTS CORP.

251 A.D.2d 44 (1998)

673 N.Y.S.2d 664

Thomas Augello, Respondent, v. 20166 Tenants Corp. et al., Defendants, and NEIC, Inc., et al., Appellants and Third-Party Plaintiffs, et al., Third-Party Defendants. (And Another Third-Party Action.)

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

June 4, 1998

Plaintiff was severely injured while working at a construction site when his hand was hit by a falling pulley assembly. The accident was clearly within the remedial scope of Labor Law § 240 (1) since the falling pulley assembly had not been properly secured (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500-501). Under these circumstances, plaintiff's motion for summary judgment...

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