Joseph v. City of New York

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered May 8, 2015, which, insofar as appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim, and granted plaintiffs’ cross motion for partial summary judgment on the issue of liability on that claim, unanimously reversed, on the law, without costs, the motion granted, the cross motion denied, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff Lindy Joseph was struck by a pipe while it was being flushed clean with a…