Pietrowski v. Are-East River Science Park, LLC

The motion court erred in granting summary judgment to plaintiffs on their Labor Law § 240 (1) claim since there are triable issues of fact with respect to what proximately caused plaintiff Richard Pietrowski’s accident.* It is well settled that “[l]iability under section 240 (1) does not attach when the safety devices that plaintiff alleges were absent were readily available at the work site . . . and plaintiff knew he was expected to use them but for no good reason chose not to do so, causing an accident” (Gallagher v New York Post, 14 NY3d 83, 88 [2010]; Robinson v East Med. Ctr., LP, 6…