VIDEAN, DAVID v. NRG ENERGY, INC.

Appeal from an order of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered January 28, 2016. The order granted defendants’ motion for summary judgment dismissing plaintiff’s complaint and denied plaintiff’s cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint with respect to the Labor Law § 240 (1) claim, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action…