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KULP v. GANNETT COMPANY, INC.

259 A.D.2d 969 (1999)

687 N.Y.S.2d 840

JOHN M. KULP, Appellant, v. GANNETT COMPANY, INC., et al., Respondents and Third-Party Plaintiffs. F.L. HEUGHES & CO., INC., Third-Party Defendant-Respondent. (Appeal No. 1.)

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

Decided March 19, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for partial summary judgment on liability pursuant to Labor Law § 240 (1). Plaintiff submitted proof that the safety harness and lanyard provided by his employer, third-party defendant, F.L. Heughes & Co., Inc. (Heughes), could not be tied off while he was performing his work and that no other safety devices were available to prevent him from falling...

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