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STRAUGHTER v. THOR SHORE PARKWAY DEVS., LLC

Index No. 152839/14. 595386/14. 595049/15. 595086/15. Appeal No. 14534. Case No. 2021-00101.

199 A.D.3d 434 (2021)

153 N.Y.S.3d 860

2021 NY Slip Op 06065

Jonathan Straughter et al., Plaintiffs, v. Thor Shore Parkway Developers, LLC, et al., Respondents, and BJ's Wholesale Club, Inc., et al., Respondents-Appellants. B.R. Fries & Associates, LLC, Third-Party Plaintiff-Respondent-Appellant, v. Canatal Steel, USA, Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant. (And Other Third-Party Actions.)

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for appellant-respondent.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Andrew D. Showers of counsel), for respondents-appellants.

Morrison Mahoney LLP, New York ( Saige Subick of counsel), for respondents.

Concur— Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

Conflicting evidence as to the availability of safety devices on the construction site on the day of plaintiff's accident precludes summary judgment on the Labor Law §§ 240(1) and 241(6) claims (see Giordano v Tishman Constr. Corp., 152 A.D.3d 470 [1st Dept 2017]; Cordeiro v TS Midtown Holdings, LLC, 87 A.D.3d 904 [1st Dept 2011]).

The court correctly granted Fries's motion...

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