Newman v. C. Destro Development Co.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 21, 2007 in a personal injury action. The order denied plaintiffs motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action against defendant C. Destro Development Co., Inc.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs and the motion is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell from an unstable ladder while installing a nine-foot…