Butler v. County of Chautauqua

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant County of Chautauqua (County) for summary judgment dismissing the complaint against it. Plaintiff, an employee of third-party defendant, Holmes and Murphy, Inc., was working on repaving a County highway when his foot was run over by his employer’s roller. Plaintiff testified at his deposition that his attention was distracted from the roller because he was *856warning a pedestrian not to step into its path. Plaintiff commenced this action alleging violations of Labor Law § 241 (6) and §…