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McMANUS v. CITY OF NEW YORK

1756, 307029/12.

142 A.D.3d 918 (2016)

37 N.Y.S.3d 883

JOSEPH McMANUS, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided September 29, 2016.

Summary judgment on the Labor Law § 240 (1) claim was inappropriate, because questions of fact exist concerning whether a scaffold purportedly covering the opening of the flocculation tank through which plaintiff fell was a proper and adequate safety device (see Ortega v City of New York, 95 A.D.3d 125, 128 [1st Dept 2012]) and whether, if the scaffold was an adequate safety device, plaintiff removed the device by moving it...

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