Schroeder v. Kalenak Painting & Paperhanging, Inc.

Gorski and Green, JJ. (dissenting in part).

We respectfully dissent in part. Contrary to the view of the majority, we conclude that Supreme Court erred in granting those parts of the respective motions of defendants for summary judgment dismissing the Labor Law § 240 (1) claim against them, and we further conclude that the court should have granted plaintiffs cross motion for partial summary judgment on liability under Labor Law § 240 (1).

Plaintiff was an independent contractor hired to install wallpaper in the bathroom of an apartment located in a large apartment complex. Plaintiff testified…