Carpio v. Tishman Construction Corp.

Wallach and Tom, JJ.,

dissent in a memorandum by Tom, J., as follows: I respectfully dissent and vote to affirm the IAS Court, which denied plaintiff’s motion for partial summary judgment and, upon a search of the record, granted summary judgment to Tishman Construction Corporation and Crow Construction Co., Inc., dismissing plaintiff’s claim for a violation of Labor Law § 240 (1).

This appeal concerns the issue of whether defendants can be held absolutely liable, pursuant to section 240 (1) of the Labor Law, for injuries allegedly sustained by plaintiff on the third floor of the construction…