Plaintiff, while repairing an elevator, slipped on some grease or oil and fell into the elevator's shaft, thereby sustaining injury. Since it was undisputed that defendants failed to provide plaintiff with any safety device and it is plain, as a matter of law, that such failure was a cause of plaintiff's injury, plaintiff should have been granted summary judgment as to liability upon his Labor Law § 240 (1) claim (see, Carr v Jacob Perl Assocs.,
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BARWICKI v. FRIARS 50TH STREET GARAGE, INC.
288 A.D.2d 14 (2001)
732 N.Y.S.2d 8
EDWARD BARWICKI, Appellant-Respondent, v. FRIARS 50TH STREET GARAGE, INC., et al., Respondents-Appellants, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 1, 2001.
Decided November 1, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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