Lawrence v. Forest City Ratner Companies

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 29, 1998, which, to the extent appealed from as limited by plaintiff’s brief, denied his motion for partial summary judgment, unanimously modified, on the law, to the extent of granting the motion as against defendant Herbert Construction Corp., and otherwise affirmed, without costs.

Plaintiff’s deposition testimony, which indicated that he fell 16 feet from the scaffold upon which he was working when it broke in two and he was thrown against a wall, was sufficient to demonstrate his entitlement to summary judgment on the…