Ageitos v. Chatham Towers, Inc.

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 28, 1998, which, insofar as appealed from, denied plaintiffs’ motion and the main defendants’ cross motions for summary judgment, unanimously modified, on the law, to grant plaintiffs partial summary judgment on the issue of liability under Labor Law § 240 (1) against defendants building owner Chatham Towers, Inc. and general contractor Big Apple Restoration, Inc., and otherwise affirmed, without costs.

Although plaintiff’s moving affidavit, which failed to address the reason he was walking on top of the sidewalk…