Huthmacher v. Dunlop Tire Corp.

—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action seeking damages after decedent was killed when he fell through an opening in an elevated metal floor where two pieces of the floor had just been removed. Supreme Court properly granted plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). We reject defendants’ contention that an issue of fact exists concerning the applicability of the recalcitrant worker defense. Defendants submitted no proof that decedent was furnished with a safety device that was…