Manning v. Walter S. Johnson Building Co.

Pigott, Jr., P.J., and Lawton, J.

(dissenting). We respectfully dissent. We conclude that as a matter of law it cannot be said that the actions of Terry Manning (plaintiff) were the sole proximate cause of the accident and that it therefore is immaterial whether he walked or fell off the scaffolding for purposes of defendant’s liability under Labor Law § 240 (1). “Plaintiff’s alleged contributory negligence has no bearing on defendant [’s] liability under the statute” (Lang v Mancuso & Son, 298 AD2d 960, 961 [2002]; see Oaks v Pioneer Dev. Co., 294 AD2d 897 [2002]; Steves v Campus Indus., 288…