Radka v. Miller Brewing, Inc.

Callahan, J. P., and Davis, J.

(dissenting in part). This court has consistently held that absolute liability should be imposed under Labor Law § 240 (1) when it is undisputed that a worker’s injuries were the result of a fall from an elevated worksite and that there were no safety or protective devices in place at the time of his fall (see, Serino v Miller Brewing Co., [appeal No. 2], 167 AD2d 917, lv dismissed 78 NY2d 1008; Collins v County of Monroe Indus. Dev. Agency, 167 AD2d 914, lv dismissed 77 NY2d 874; Allen v City of Buffalo, 161 AD2d 1134; Staples v Town of Amherst, 146 AD2d 292;…