Leo v. Artco Contracting, Inc.

—Order unanimously reversed on the law *809without costs and motion denied. Memorandum: Michael A. Leo (plaintiff), an employee of third-party defendant, Niagara Erecting, Inc. (Niagara), was injured when he fell approximately 40 feet while erecting a beam of structural steel. Plaintiffs allege that plaintiff fell when struck by a beam of iron or steel that was being hoisted by a crane to his location. It is undisputed that plaintiff was not tied off to a safety line or other object at the time of the accident. Because factual issues exist whether adequate and proper safety devices were provided…