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DELLAVALLE v. E.W. HOWELL CO., INC.

260 A.D.2d 194 (1999)

688 N.Y.S.2d 44

MICHAEL DELLAVALLE, Respondent, v. E.W. HOWELL CO., INC., et al., Defendants. E.W. HOWELL CO., INC., et al., Third-Party Plaintiffs, v. FISCHBACH AND MOORE, INCORPORATED, Third-Party Defendant-Appellant and Second Third-Party Plaintiff-Appellant, et al., Second Third-Party Defendant.

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

Decided April 8, 1999.

Third-party defendant, Fischbach and Moore, plaintiff's employer, has standing to bring this appeal (see, Fitch v Turner Constr. Co., 241 A.D.2d 166, 172). We agree with the IAS Court that plaintiff made out a prima facie case under Labor Law § 240 (1) by proof that he was ejected from the aerial bucket in which he was working when the boom to which the bucket was attached suddenly dropped and came back up. Whatever the

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