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PIETROWSKI v. ARE-EAST RIVER SCIENCE PARK, LLC

4621, 109789/08.

86 A.D.3d 467 (2011)

928 N.Y.S.2d 266

2011 NY Slip Op 5977

RICHARD PIETROWSKI et al., Respondents, v. ARE-EAST RIVER SCIENCE PARK, LLC, et al., Appellants.

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

Decided July 21, 2011.

The motion court erred in granting summary judgment to plaintiffs on their Labor Law § 240 (1) claim since there are triable issues of fact with respect to what proximately caused plaintiff Richard Pietrowski's accident.* It is well settled that "[l]iability under section 240 (1) does not attach when the safety devices that plaintiff alleges were absent were readily available at the work site . . . and plaintiff knew he was expected to use...

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