Justin Nazario v. 222 Broadway, LLC, 222 Broadway, LLC v. Knight Electrical Services Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by denying plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim and remitting the case to the Appellate Division for consideration of the issues raised but not determined on the appeal to that Court, and, as so modified, affirmed, and the certified question should be answered in the negative.

Plaintiff is not entitled to summary judgment under Labor Law § 240 (1). While using an A-frame ladder, plaintiff fell…