PESCA v. CITY OF NEW YORK


298 A.D.2d 292 (2002)

749 N.Y.S.2d 26

PATRICK PESCA et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents, and REGIONAL SCAFFOLDING & HOISTING CO., INC., Respondent-Appellant, et al., Defendant.

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

Decided October 29, 2002.


Summary judgment dismissing plaintiffs' Labor Law § 240 (1) claim was properly denied since the record discloses the existence of a triable issue of fact as to whether the railing of the construction site ramp upon which plaintiff's accident occurred constituted an adequate safety device, and, if it did not, whether such failure was the proximate cause of plaintiff's injury (see Labor Law § 240 [1]; McCann v Central Synagogue, 280...

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