Cahill v. Triborough Bridge & Tunnel Authority

Andrias, J.P.,

dissents in a memorandum as follows: I respectfully dissent and would reverse and deny plaintiffs motion for summary judgment on the issue of liability for violation of Labor Law § 240 (1) and remand the matter for further proceedings.

In granting plaintiff summary judgment on his Labor Law § 240 (1) claim, the motion court found that defendant failed to see that plaintiff was provided with proper safety devices so as to prevent his fall. It also discounted defendant’s “recalcitrant worker” defense because defendant acknowledged that the instructions to plaintiff as to the use of…