Egan v. A.J. Construction Corp.

—Order, Supreme Court, New York County (Emily Goodman, J.), entered October 24, 1997, which, insofar as appealed from, denied defendants’ motions for summary judgment, modified, on the law, to dismiss so much of the complaint as alleges defendants’ violation of Labor Law § 240 (1), and otherwise affirmed, without costs.

The motion court correctly denied the motions for summary judgment on plaintiffs’ common-law negligence and Labor Law § 200 claims. Plaintiff’s conduct under the circumstances did *81not constitute a superseding cause of his injuries as a matter of law.

“When an intervening act…