Mescall v. Structure-Tone, Inc.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 28, 2011, which, following a jury verdict, denied plaintiffs CPLR 4404 motion to set aside the verdict as inconsistent and inadequate, unanimously affirmed, without costs.

Plaintiff, an ironworker, was injured when a crane that was lifting a steel “screen” or “curtain” failed, causing the screen to fall some 20 feet in the air before striking plaintiff. This Court previously affirmed a finding that plaintiff was entitled to partial summary judgment on his claims pursuant to Labor Law § 240 (1) (49 AD3d 339 [1st Dept…