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DEVINE v. CHASE MANHATTAN BANK, N.A.

276 A.D.2d 664 (2000)

717 N.Y.S.2d 544

JAMES DEVINE et al., Appellants, v. CHASE MANHATTAN BANK, N. A., et al., Respondents, et al., Defendant.

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

Decided October 23, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion for partial summary judgment on the issue of the respondents' liability under Labor Law § 240 (1). There is an issue of fact as to whether the injured plaintiff refused to use safety devices that were made available to him thereby rendering him a "recalcitrant worker" (see, Jastrzebski v North Shore School Dist., 223 A.D.2d 677

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