Albanese v. City of New York

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered October 12, 2003, which, to the extent appealed from, as limited by the briefs, denied defendant City of New York’s motion for summary judgment dismissing the complaint, modified, on the law and on a search of the record, to deem the City an owner within the meaning of Labor Law §§ 240 and 241, and otherwise affirmed, without costs.

*546This is a personal injury action for damages allegedly sustained when plaintiff fell from a scaffolding (known as a stripping rig or stripping buggy) hung from a Cross Bronx Expressway ramp…