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PARDO v. BIALYSTOKER CENTER & BIKUR CHOLIM, INC.

308 A.D.2d 384 (2003)

764 N.Y.S.2d 409

HUMBERTO PARDO, Appellant, v. BIALYSTOKER CENTER & BIKUR CHOLIM, INC., et al., Respondents. ARIS DEVELOPMENT CORP., Third-Party Plaintiff-Respondent, v. ULTIMATE CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided September 23, 2003.

Plaintiff should have been permitted to offer evidence respecting defendants' alleged failure to use tie-ins. A plaintiff under Labor Law § 240 (1) need only show "`that his injuries were at least partially attributable to defendant[s'] failure to take statutorily mandated safety measures to protect him from risks arising from an elevation differential'" (see Crimi v Neves Assoc., 306 A.D.2d 152, 153 [2003], quoting Nunez...

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