Jiminez v. Nidus Corp.

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered March 1, 2001, which granted plaintiffs’ motion for partial summary judgment on the issue of liability on their Labor Law § 240 (1) claim, and denied defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence adduced on the motion established that plaintiff construction worker was injured when he slipped on ice and fell head-first into a 15-foot deep foundation excavation situated adjacent to his work area. It is undisputed that plaintiff had not been provided any…