Buckley v. Columbia Grammar & Preparatory

Mazzarelli, J.P. (dissenting in part).

I would modify the order appealed, to the extent of reinstating plaintiffs’ Labor Law § 240 (1) claim and granting their cross motion for summary judgment on that cause of action. Plaintiff Scott Buckley, a mechanic’s helper, was injured while testing a “Monospace” elevator, which he and his supervisor, Glen Birnbaum, were installing on a construction site.

The work took place in stages. First, Buckley and Birnbaum installed two rails for the elevator and two rails for its counterweights. They then erected a sling to contain the elevator platform. A motor…