Mills v. Tumbleweed Management Co.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 2, 1999, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured on the roof of defendants’ building while hoisting work materials up to the building’s roof by rope. According to plaintiff, the load of materials he was hoisting became stuck on the way up, violently jerking him forward and when he pulled back on the rope, he injured his back. In this action to recover for that injury under, inter alia, Labor Law § 240 (1) and…