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GHIANDONI v. CITY OF NIAGARA FALLS

258 A.D.2d 923 (1999)

685 N.Y.S.2d 551

GETULIO GHIANDONI et al., Appellants, v. CITY OF NIAGARA FALLS, Respondent, et al., Defendants.

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

Decided February 10, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiffs failed to establish that the absence of, or defect in, a safety device was the proximate cause of the injuries to Getulio Ghiandoni (plaintiff) (see, Weininger v Hagedorn & Co., 91 N.Y.2d 958, 960, rearg denied

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