Miller v. C.O. Falter Construction Corp.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured when he fell from stilts while taping drywall at a construction site. He contends that Supreme Court erred in denying his motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) against defendant C.O. Falter Construction Corp. (C.O. Falter), the general contractor. We agree. Stilts are the equivalent of scaffolding for purposes of determining liability under Labor Law § 240 (1) (see, Melber v 6333 Main St., 224 AD2d 995). "The…