Desjardins v. Auburn Steel Co.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because plaintiff sustained his injury when he was struck by a crane and not as the result of a fall from a height or being struck by a falling object, Supreme Court erred in denying defendants’ motions to dismiss plaintiff’s Labor Law § 240 (1) cause of action (see, Oakes v Niagara Mohawk Power Corp., 176 AD2d 1240). Therefore, plaintiff’s Labor Law § 240 (1) cause of action must be dismissed.

The court, however, properly denied defendants’ motion for summary judgment…