Kircher v. City of New York

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered February 24, 2014, which granted plaintiffs motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action, unanimously reversed, on the law, without costs, and the motion denied.

The motion court correctly concluded that the flooring on which plaintiff was working, which was comprised of wooden planks with gaps between them seven stories above the bottom of a shaft below, confronted plaintiff with an elevation-related hazard to which Labor Law § 240 (1) is applicable, regardless of…