Allan v. Rochester Institute of Technology

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted partial summary judgment to plaintiffs on the issue of defendants’ liability pursuant to Labor Law § 240 (1). William Allan, Jr. (plaintiff), an ironworker, fell approximately 30 feet when a beam upon which he was sitting became detached at one end and fell, throwing him to the ground. Plaintiff asserted that no safety devices were provided by defendants. Third-party defendants contend that a factual issue exists whether plaintiff was a recalcitrant worker.

We conclude that the evidence provided by third-party…