STRIEGEL v. HILLCREST HEIGHTS DEVELOPMENT CORPORATION


266 A.D.2d 809 (1999)

698 N.Y.S.2d 379

ROBERT STRIEGEL, Respondent, v. HILLCREST HEIGHTS DEVELOPMENT CORPORATION, Defendant and Third-Party Plaintiff-Respondent. SAHLEM'S ROOFING & SIDING, INC., Third-Party Defendant-Appellant.

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

Decided November 12, 1999.


Order affirmed without costs.

Memorandum:

Plaintiff was injured when he slid 25 to 30 feet down a frost-covered plywood roof, from the peak to the eave, while attempting to unload felt at the peak of the roof. Supreme Court properly granted that part of plaintiff's motion seeking partial summary judgment on the issue of liability under Labor Law § 240 (1). The test for determining whether Labor Law § 240 (1) applies is whether the manner of injury...

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