Simoes v. City of New York

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered July 20, 2009, which, to the extent appealed from, granted defendant’s motion for summary judgment dismissing the cause of action pursuant to Labor Law § 240 (1), denied plaintiffs cross motion for summary judgment on the section 240 (1) claim, and denied defendant’s motion for summary judgment dismissing the cause of action pursuant to Labor Law § 241 (6), unanimously affirmed, without costs.

*515On the night of the subject accident, plaintiff was working as a flagman charged with directing traffic so as to allow manlifts to be…