McCay v. J.A. Jones-GMO, LLC

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 26, 2010, which, upon granting plaintiffs motion for reargument, granted plaintiffs motion for partial summary judgment on the issue of defendants-appellants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

Plaintiffs testimony that he was injured when bricks falling from above caused him to step off the plywood platform on which he was carrying a bundle of steel rebar beams, and into a hole that was approximately six feet deep and four to five feet wide, suffices to show that his injuries…