Fulton v. Northland Associates, Inc.

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Jerry Fulton (plaintiff) was injured while performing masonry work on a construction project at Fort Drum in Watertown. As plaintiff was alighting from a scaffold to the ground, he tripped when he placed his foot on a broken cinder block, which was on the ground. As a result, plaintiff fell and injured his back. Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action. Plaintiffs injury was not the result of an elevation-related…