Legal Opinion
Murray v. Arts Center & Theater of Schenectady, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 2010PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered December 22, 2009 in Albany County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Plaintiff John J. Murray (hereinafter plaintiff, an ironworker hired to assist in the fabrication and erection of structural steel for a theater renovation project, was working on the first story of the structure when he fell from a beam to a concrete floor 15 feet below and was injured. Plaintiff was wearing a harness and lanyards at the time of the accident, but he was not…
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