Sergeant v. Murphy Family Trust

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff’s motion seeking partial summary judgment on liability under Labor Law § 240 (1). Plaintiff was employed as a roofer by third-party defendant. On the date of the accident, plaintiff was told to report to the foreman on the roof for his work assignment. Plaintiff stepped onto the roof and, while walking toward the foreman, stepped onto yellow insulation where a roof panel had been removed. The insulation had no underlying support,…