Misseritti v. Mark IV Construction Co.

Green and Balio, JJ. (dissenting in part).

We respectfully dissent in part. Although we agree with the majority that Mark IV Construction Co. was entitled to summary judgment on its third-party complaint, we conclude that Supreme Court properly granted plaintiff’s motion for summary judgment on the Labor Law § 240 (1) cause of action.

Plaintiff’s decedent, a mason employed by B.A. Masons, Inc., assisted in the dismantling of scaffolding and the cleaning up of debris around a 22-foot high concrete block wall. A strong gust of wind blew over the free standing and unbraced wall, and a portion of…