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COHEN v. MEMORIAL

50 A.D.3d 227 (2008)

850 N.Y.S.2d 435

EDWARD COHEN et al., Appellants, v. MEMORIAL SLOAN-KETTERING CANCER CENTER et al., Respondents.

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

February 5, 2008.

Attorney(s) appearing for the Case

David P. Kownacki, New York City, for appellants.

Kopff, Nardelli & Dopf LLP, New York City (Martin B. Adams of counsel), for respondents.

TOM, J.P., and GONZALEZ, J., concur with SAXE, J.; FRIEDMAN and McGUIRE, JJ., dissent in part in a separate opinion by FRIEDMAN, J.

OPINION OF THE COURT

SAXE, J.

Labor Law § 240 (1) requires that adequate safety devices be provided to workers for tasks that "entail a significant risk ... because of the relative elevation at which the task must be performed" (see Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 514 [1991]). The statute directs that the devices must be "so constructed, placed and operated as to give proper protection to...

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