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TORINO v. KLM CONSTRUCTION, INC.

257 A.D.2d 541 (1999)

685 N.Y.S.2d 24

ALBERT TORINO et al., Respondents, v. KLM CONSTRUCTION, INC., Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. XLO CONCRETE CORP., Third-Party Defendant-Respondent.

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

Decided January 28, 1999.

Plaintiff was properly granted summary judgment on his Labor Law § 240 (1) claim because the scaffold from which he fell, basically a makeshift platform without any safety features that was owned and assembled by third-party defendant, his employer, failed in its "core objective" to prevent plaintiff from falling off it to the stairs below (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Yu Xiu Deng v A.J. Contr...

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