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GROVE v. CORNELL UNIVERSITY

No. 239 SSM 33

17 N.Y.3d 875 (2011)

957 N.E.2d 1137

933 N.Y.S.2d 635

2011 NY Slip Op 7258

DALLAS M. GROVE, Appellant, v. CORNELL UNIVERSITY et al., Respondents.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Levene Gouldin & Thompson, LLP, Binghamton ( John L. Perticone of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff...

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