Egan v. Monadnock Construction, Inc.

Saxe, J.P, dissents

in part in a memorandum as follows: I agree that plaintiff’s Labor Law § 241 (6) claim must be dismissed, and that his motion for partial summary judgment on his claim pursuant to Labor Law § 240 (1) was properly denied in view of the owner’s evidence that other, appropriate ladders were available. However, I would deny defendant’s cross motion for summary judgment dismissing the section 240 (1) claim. Issues of fact exist as to whether defendants provided the necessary safety equipment in the manner required by that statute.

Plaintiff was injured while working on a building…