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GITTLESON v. COOL WIND VENTILATION CORP.

46 A.D.3d 855 (2007)

848 N.Y.S.2d 709

ROBERT GITTLESON et al., Appellants, v. COOL WIND VENTILATION CORP. et al., Respondents.

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

Decided December 26, 2007.

Ordered that the order, as amended, is affirmed, with one bill of costs.

To recover on a cause of action pursuant to Labor Law § 240 (1), a plaintiff must demonstrate that there was a violation of the statute, and that the violation was a proximate cause of the accident (see Robinson v East Med. Ctr., LP, 6 N.Y.3d 550, 553-555 [2006]; Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280...

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