Andresky v. Wenger Construction Co.

In an action to recover damages for personal injuries, the *1248plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated April 13, 2011, which denied his motion for summary judgment on the issue of liability on the cause of action alleging violation of Labor Law § 240 (1).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability on the cause of action alleging violation of Labor Law § 240 (1) is granted.

The plaintiff was shoveling concrete out of a container which had been placed on the planks…