Ervin v. Consolidated Edison

Order, Supreme Court, Bronx County (John A. Barone, J.), entered January 31, 2011, which, insofar as appealed from, denied plaintiffs’ motion for summary judgment on the cause of action alleging violation of Labor Law § 240 (1), unanimously reversed, on the law, without costs, and the motion granted.

In this action for personal injuries, plaintiff Michael Ervin, was injured while working at a construction site owned by defendant Consolidated Edison where an electrical substation was being built, when a temporary structure that he was descending to gain access to grade level from the top of a…