Portes v. New York State Thruway Authority

Lahtinen, J.P

Appeal from an order of the Court of Claims (McCarthy, J.), entered December 4, 2012, which, among other things, denied claimant’s motion for partial summary judgment.

Claimant was working on a painting project on one of defendant’s bridges when a suspension cable upon which he was walking broke, causing him to fall and sustain injuries. He commenced this claim asserting negligence, as well as violations of Labor Law §§ 200, 240 (1) and 241 (6). Following discovery, *1050claimant moved for partial summary judgment with respect to Labor Law § 240 (1) liability. Defendant opposed the…