Nohejl v. 40 West 53rd Partnership

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about March 31, 1993, which denied plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The record reveals factual questions regarding defendants’ alleged violation of Labor Law § 240 (1): (1) whether the locking mechanisms on the scaffolds used by plaintiff’s decedent at the time of the accident were defective or whether they merely were not used at all; (2) whether Rule 23, requiring safety railings (12 NYCRR 23-5.3 [e]), was violated,…