Kropp v. Town of Shandaken
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Initially, defendant contends that summary judgment as to liability under Labor Law § 240 (1) is precluded by issues of fact as to how the accident occurred. The parties essentially agree that at the time of the accident, plaintiff was working at the bottom of a trench that was between four and eight feet deep, connecting lengths of pipe that were being lowered into the trench by an excavator operated by plaintiffs supervisor. They further agree that plaintiff was struck by an iron pipe measuring 18 inches in diameter and 18 feet long, and that fittings had been attached to one end of the…
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