Kulp v. Gannett Co.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion for partial summary judgment on liability pursuant to Labor Law § 240 (1). Plaintiff submitted proof that the safety harness and lanyard provided by his employer, third-party defendant, F.L. Heughes & Co., Inc. (Heughes), could not be tied off while he was performing his work and that no other safety devices were available to prevent him from falling. That evidence satisfied his “burden of establishing, prima facie, that the safety device provided by [Heughes] was not so placed as to give…