CULLEN, JEREMIAH v. AT&T INC.

Whalen, P.J., and Lindley, J.

(dissenting). We respectfully dissent in part and would affirm because we conclude that Supreme Court properly granted plaintiff’s cross motion for partial summary judgment on liability under Labor Law § 240 (1). As noted by the majority, plaintiff was working on a cell phone tower approximately 180 feet above the ground with his full body harness tied off to a part of the tower, he had used “choker slings” that looked like “giant rubber band[s]” to lower himself down from a horizontal boom for access to a tower mounted amplifier, and he sustained injuries when…