Kutza v. Bovis Lend Lease LMB, Inc.

*591Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered November 14, 2011, which denied defendants’ motion for summary judgment dismissing plaintiffs’ claims under Labor Law § 240 (1), § 241 (6) and § 200 and for common-law negligence, unanimously modified, on the law, to grant the motion to the extent of dismissing the Labor Law § 240 (1) claim, and otherwise affirmed, without costs.

The record evidence, including the deposition testimony of the decedent’s coworker and supervisor, as well as the decedent’s consistent statements at a Social Security Administration hearing, and…