Solano v. City of New York

*572Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 6, 2009, which, insofar as appealed from, denied plaintiffs motion for partial summary judgment on his Labor Law § 240 (1) cause of action and granted defendant Great American Construction Corp.’s cross motion for summary judgment dismissing that cause of action as against it, unanimously modified, on the law, to award summary judgment dismissing the Labor Law § 240 (1) cause of action as against the City, and otherwise affirmed, without costs.

As the plywood plank that struck plaintiff had been deliberately dropped…