Piotrowski v. McGuire Manor, Inc.

I respectfully dissent and would affirm the judgment. Initially, I agree with my dissenting colleague and the majority that Supreme Court properly denied plaintiffs motion seeking partial summary judgment on the issue of liability on the Labor Law § 240 (1) claim, and that the court properly denied defendant’s trial motion for judgment as a matter of law pursuant to CPLR 4401. The majority concludes, however, that the court erred in failing to give an expanded sole proximate cause charge to the jury and, as a result of this error, reversal of the judgment and a new trial are required. In…