Tolino v. Speyer

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 28, 2000, which, insofar as appealed from, granted motions for summary judgment dismissing plaintiffs causes of action under Labor Law §§ 200 and 240 (1) and for common-law negligence, unanimously affirmed, without costs.

The most favorable of the conflicting versions of fact given by plaintiff alleges that he was standing on a wobbly platform lift when his fingers became wedged between a piece of sheetrock *5he was installing and the ceiling. Even if accepted, this would not support a cause of action under…