Grant v. Steve Mark, Inc.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered June 29, 2011, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim and denied plaintiffs cross motion for summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously modified, on the law, defendants’ motion denied, and otherwise affirmed, without costs.

Plaintiff testified that while cleaning the top shelves of a closet, in an apartment that was undergoing a gut renovation, the A-frame ladder…