Edbauer v. Board of Education

—Judgment unanimously reversed on the law without costs and new trial granted on damages only. Memorandum: Plaintiff commenced this action seeking to recover under, inter alia, Labor Law § 240 (1) for injuries sustained in a 55- to 60-foot fall at a demolition site. Defendants impleaded plaintiff’s employer, McPherson Steel Corporation (McPherson). Only plaintiff and McPherson participate in these appeals, the first two of which are from intermediate orders resolving certain discovery and subpoena issues that arose during trial, and the third of which is from the structured final judgment…