Faver v. Midtown Trackage Ventures, LLC

Order, Supreme Court, New York County (Arlene R Bluth, J.), entered December 2, 2016, which denied plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim as against defendants Lexington Operating Partners, LLC, Warburg Pincus, LLC and Lehr Construction Corp. (collectively defendants), unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established entitlement to partial summary judgment on his Labor Law § 240 (1) claim through his own testimony that he was hit in the arm by an electrical wire that shot out of a…