Natoli v. City of New York

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 19, 2016, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim, and granted plaintiff’s cross motion for partial summary judgment on that claim, unanimously modified, on the law, to deny plaintiff’s cross motion, and otherwise affirmed, without costs.

Plaintiff was injured when he and a coworker attempted to move a wooden skid from a vertical position onto an A-frame dolly by tilting it at a 45-degree angle on one corner and toppling it onto the dolly.…