Scoz v. J&Y Elec. & Intercom Co. Inc.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 7, 2014, which, to the extent appealed from as limited by the briefs, granted defendants’ motions for summary judgment dismissing the Labor Law § 241 (6) cause of action as against them, and denied plaintiff’s cross motion for partial summary judgment on that claim, unanimously affirmed, without costs.

Plaintiff, an independent contractor, who intentionally used the wrong tool for the job, and rigged it a manner that he knew was unsafe, was the sole proximate cause of his accident (see Kerrigan v TDX Constr. Corp.,…