Cun-En Lin v. Holy Family Monuments

OPINION OF THE COURT

Herbert Kramer, J.

Plaintiff Lin, who was sitting on the platform of a gantry crane while reinforcing its support rods] was injured when the crane collapsed, causing him to fall to the ground. Defendant moves to dismiss plaintiffs claims under sections 200/240 (1) *619and 241 (6) of the Labor Law claiming that plaintiff has failed to make out a prima facie case under any of these provisions. Plaintiff cross-moves for summary judgment on the section 240 (1) claim and moves for consolidation of the instant action with a related action under index number 32871/03.

With respect to…