Nerney v. 1 World Trade Center LLC

Order, Supreme Court, New York County (Donna M. Mills, J.), entered December 8, 2015, which denied plaintiffs’ motion for partial summary judgment on the issue of liability on the Labor Law § 240 (1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff made a prima facie showing that his accident was proximately caused by the absence of safety devices affording adequate protection from the elevation-related risks he faced while hoisting a guiderail in an elevator shaft using a rope and pulley system. Plaintiff testified that he followed the normal procedure…