Mercado v. New York University

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered April 15, 2005, in an action by a worker for personal injuries sustained at a work site, insofar as it denied plaintiffs motion for summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs. Appeal from that part of said order which denied plaintiffs motion to reargue so much of defendants’ prior motion for summary judgment as sought dismissal of plaintiff’s cause of action under Labor Law § 241 (6), unanimously dismissed, without costs.

Plaintiff concedes that no…