Myiow v. City of New York

Tom, J.R,

dissents in a memorandum as follows: Because plaintiff failed to “adduce proof sufficient to create a question of fact regarding whether his fall resulted from the lack of a safety device,” or identify any safety device that could have prevented the accident, his Labor Law § 240 (1) claim should be dismissed (Berg v Albany Ladder Co., Inc., 10 NY3d 902, 904 [2008]). Accordingly, I respectfully dissent.

According to plaintiff, an employee of nonparty Brooklyn Welding Corp., he was tasked with moving steel beams that had been brought to Harlem Hospital for construction of a new patient…