Morris v. New York Telephone Co.

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on liability under Labor Law § 240 (1). Erskin Morris (plaintiff) was an employee of third-party defendant, which had contracted to perform work for defendant. Plaintiff testified that, on the day of the accident, he was assigned to assist in the dismantling of equipment from defendant’s premises so that it could be moved to another site. In order to remove fuses to cut off the electrical current before he dismantled the equipment,…