Bilderback v. Agway Petroleum Corp.

Appeal from an order of the Supreme Court (Smyk, J.), entered September 13, 1991 in Broome County, which granted plaintiff’s motion for partial summary judgment.

The question before us on appeal is whether Supreme Court properly granted partial summary judgment to plaintiff on the issue of liability pursuant to Labor Law § 240 (1). At the time of the accident plaintiff was standing on the back of a forklift, which was lifting pallets bearing bags of sand from a flatbed truck, and was catapulted over the vehicle when it tipped forward causing him injuries. This court has consistently construed…