McGuire v. State

Judgment unanimously affirmed without costs. Memorandum: Claimants commenced this action to recover for injuries sustained by Joseph J. McGuire (claimant) in a fall from a scaffolding at a construction site owned by defendants. Defendants appeal from a judgment granting claimants’ motion for partial summary judgment on liability under Labor Law § 240 (1) and denying defendants’ cross motion for summary judgment dismissing that claim.

Supreme Court properly denied defendants’ cross motion insofar as it was based on the recalcitrant worker defense. The affidavits submitted in support of the…