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HIGGINS v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

6991, 109560/04.

93 A.D.3d 443 (2012)

939 N.Y.S.2d 431

2012 NY Slip Op 1636

CHRISTOPHER HIGGINS, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents.

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

Decided March 6, 2012.

The motion court properly granted the motion to renew in light of the Court of Appeals' decision in Runner v New York Stock Exch., Inc. (13 N.Y.3d 599 [2009]; see CPLR 2221 [e] [2]). However, upon renewal, plaintiff's Labor Law § 240 (1) should have been reinstated.

An issue of fact exists as to whether plaintiff's injuries were the direct consequence of the failure to provide adequate protection against the risk...

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