Kaminski v. 53rd Street & Madison Tower Development, LLC

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered February 24, 2009, which denied plaintiffs motion for summary judgment on the issue of liability under Labor Law § 240 (1) and § 241 (6) and granted so much of defendant’s cross motion for summary judgment as sought to dismiss the section 240 (1) claim and the section 241 (6) claim based on Industrial Code (12 NYCRR) § 23-3.3 (b) (2) and (h), unanimously modified, on the law, to deny so much of defendant’s motion as sought to dismiss the section 241 (6) claim based on 12 NYCRR 23-3.3 (b) (2), and otherwise affirmed,…