Dellavalle v. E.W. Howell Co.

—Order, Supreme Court, New York County (Louise Gruner-Gans, J.), entered on or about October 6, 1998, which, insofar as appealed from, granted plaintiff’s motion for summary judgment on his cause of action under Labor Law § 240 (1), unanimously affirmed, without costs.

Third-party defendant, Fischbach and Moore, plaintiff’s employer, has standing to bring this appeal (see, Fitch v Turner Constr. Co., 241 AD2d 166, 172). We agree with the IAS Court that plaintiff made out a prima facie case under Labor Law § 240 (1) by proof that he was ejected from the aerial bucket in which he was working…