Pinheiro v. Montrose Improvement District

—Casey, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Silverman, J.), entered July 1, 1994 in Westchester County, which denied plaintiffs’ motion for partial summary judgment against defendants Montrose Improvement District, City of Peekskill and Hazen and Sawyer, P. C. on the issue of liability under Labor Law § 240 (1).

While working in a trench as part of a project involving the installation of a pipeline, plaintiff Joao M. Pinheiro was injured when he was struck by falling earth and stones. Plaintiffs…