Downes v. Boom Studio, Inc.

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about December 16, 1996, which, inter alia, denied plaintiff’s cross motion for partial summary judgment upon his cause of action premised on Labor Law § 240 (1), unanimously modified, on the law, and upon a search of the record, to grant summary judgment in favor of defendant dismissing the complaint insofar as it alleges violation of Labor Law § 240 (1), and otherwise affirmed, without costs.

During his employment as a photographer’s assistant at defendant’s studio, plaintiff fell off a ladder while adjusting a paper…