Finnigan v. Rochester Institute of Technology

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for partial summary judgment on the Labor Law § 240 (1) claim. We disagree, however, with the court’s reasoning. Plaintiff sustained an electric shock while standing on a stepladder wiring light fixtures, and he fell from the stepladder. Although plaintiff lacerated his left arm, neither plaintiff nor the eyewitness to the accident could recall whether that injury resulted from the electric shock or the subsequent fall. If the injury resulted from the electric shock, defendant is not liable…