Meade v. Rock-Mcgraw, Inc.

(dissenting.) I would reverse the order appealed, and grant plaintiffs motion for summary judgment, because it is my view that this appeal raises the significant question of whether a contractor who has retained a worker to perform work which is clearly one of the activities enumerated in Labor Law § 240 (1) can escape the responsibilities imposed by that statute if it requires the worker to obtain a safety device on his own. Stated otherwise, we must determine whether an employer who makes no effort to provide a safety device can be relieved of its statutory responsibility by failing to…