Beauchesne v. City of New York

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 29, 1998, which, inter alia, granted plaintiffs’ cross motion for partial summary judgment to the extent of imposing liability on defendant City pursuant to Labor Law § 240 (1), unanimously affirmed, without costs.

Plaintiff was injured when an 80-pound stone ornament fell from the fifth floor of a building under demolition and struck him at ground level. At the time of the accident, plaintiff, who had been hired to be on the location where the accident occurred, was performing work incident to the demolition. It…