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THOMAS v. FALL CREEK CONTRACTORS, INC.

21 A.D.3d 756 (2005)

800 N.Y.S.2d 559

CHARLES THOMAS, Appellant, v. FALL CREEK CONTRACTORS, INC., et al., Respondents. (And a Third-Party Action.)

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

September 8, 2005.

This Court is empowered to grant defendants' respective cross motions for summary judgment dismissing plaintiff's Labor Law § 240 (1) and § 241 (6) claims even in the absence of a cross appeal (see CPLR 3212 [b]; Merritt Hill Vineyards v. Windy Hgts. Vineyard, 61 N.Y.2d 106, 110-111 [1984]).

The record establishes that the temporary wooden stairs from which plaintiff fell were still in the process of being...

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