Roberts v. General Electric Co.

In reaching its decision that plaintiffs are entitled to summary judgment on the Labor Law § 240 (1) claim, the majority concludes that the statute was designed to prevent the type of accident which caused plaintiff Anthony Roberts’ injury. Inasmuch as we interpret Corey v Gorick Constr. Co. (271 AD2d 911) as warranting a contrary determination, we respectfully dissent solely on that issue.

To be entitled to summary judgment on their Labor Law § 240 (1) claim, it was incumbent upon plaintiffs to establish that the alleged injuries were caused by the type of elevation-related hazard…