Gottstine v. Dunlop Tire Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on li*864ability on the Labor Law § 240 (1) claim but properly denied that part of defendant’s cross motion seeking summary judgment dismissing that claim. William Gottstine (plaintiff) was injured at a worksite owned by defendant. While constructing a foundation for the installation of a tire press, he was required to walk over a rebar mat approximately 18 inches above the bottom of a pit two feet deep, 14…
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