Strangio v Sevenson Envtl. Servs., Inc., 15 NY3d 914 (2010)

2010 NY Slip Op 08769 [15 NY3d 914]
November 30, 2010
Court of Appeals

[*1]

In the Matter of Francesco Strangio, Appellant,
v
Sevenson Environmental Services, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Thomas Johnson, Inc., Third-Party Defendant-Respondent.

Decided November 30, 2010

Strangio v Sevenson Envtl. Servs., Inc., 74 AD3d 1892, modified.

{**15 NY3d at 915} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff’s Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law § 240 (1). Plaintiff’s remaining contentions lack merit.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, etc.