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PARSURAM v. I.T.C. BARGAIN STORES, INC.

16 A.D.3d 471 (2005)

791 N.Y.S.2d 616

JOHNNY PARSURAM, Appellant, v. I.T.C. BARGAIN STORES, INC., Defendant, and INDIANA FRIED CHICKEN et al., Respondents (and a Third-Party Action).

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

March 14, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a plumber hired in connection with the renovation of a restaurant, allegedly was injured when a staircase which he was ascending collapsed.

The Supreme Court properly granted that branch of the respondents' motion which was for summary judgment dismissing the cause of action based upon Labor Law § 240 (1) insofar as asserted against them. The staircase upon which the...

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