Hazlitt v. Autagne

Order insofar as appealed from unanimously reversed on the law with costs, motion granted in part, Labor Law § 240 (1) claim dismissed and cross motion denied. Memorandum: Plaintiff, an employee of third-party defendant, commenced this action to recover damages for injuries he sustained when he fell from the roof of a sandwich shop owned by defendants while he was cleaning the kitchen exhaust system with a high pressure washer. Supreme Court erred in granting that part of plaintiffs cross motion seeking partial summary judgment on the issue of liability on the Labor Law § 240 (1) claim and in…