Mendez v. Union Theological Seminary

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered December 5, 2002, which, insofar as appealed from, denied plaintiffs motion for partial summary judgment as to liability on his cause of action under Labor Law § 240 (1), unanimously reversed, on the law, without costs, the motion granted and the matter remanded for further proceedings.

Plaintiff fell from a scaffold formed by metal “elbow” pipes that supported wooden planks. It is undisputed that the planks *33were not tied or secured to the “elbow” pipes. Plaintiff testified that he fell when the plank on which he was standing…