Reyes v. Magnetic Construction, Inc.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered August 5, 2010, which, insofar as appealed from as limited by the briefs, granted plaintiffs’ motion for partial summary judgment as to their Labor Law § 240 (1) claim, and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously reversed, on the law, without costs, the motion denied, the cross motion granted and the Labor Law § 240 (1) claim dismissed.

While working as a bricklayer foreman at the construction site of a hotel, plaintiff was injured when he tripped and fell as he was ascending…