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SOLTES v. BRENTWOOD UNION FREE SCHOOL DISTRICT

47 A.D.3d 804 (2008)

849 N.Y.S.2d 628

RICHARD SOLTES et al., Respondents-Appellants, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, Defendant, CAPOBIANCO, INC., Appellant-Respondent, and GRAYHAWK GROUP, LLC, Also Known as GRAYHAWK NORTH AMERICA, Defendant and Third-Party Plaintiff-Appellant-Respondent. KIRCO INDUSTRIES, INC., Third-Party Defendant-Respondent.

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

Decided January 22, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

With respect to the plaintiffs' cause of action predicated on an alleged violation of Labor Law § 240 (1), the parties' respective submissions left unresolved triable issues of fact as to whether adequate safety devices were provided to the injured plaintiff at the work site (see Lofaso v J.P. Murphy Assoc...

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