Opinion
November 16, 1994
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present — Denman, P.J., Green, Balio, Doerr and Boehm, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted partial summary judgment to plaintiffs on the issue of defendants' liability pursuant to Labor Law § 240 (1). William Allan, Jr. (plaintiff), an ironworker, fell approximately 30 feet when a beam upon which he was sitting became detached at one end and fell, throwing him to the ground. Plaintiff asserted that no safety devices were provided by defendants. Third-party defendants contend that a factual issue exists whether plaintiff was a recalcitrant worker.
We conclude that the evidence provided by third-party defendants, that safety belts and lines were available on the work site and that workers were told to use them, fails to raise a factual issue whether plaintiff "refused to use the safety devices that were provided by the owner or employer" under the circumstance in which plaintiff fell (Stolt v. General Foods Corp., 81 N.Y.2d 918, 920; see also, Hagins v. State of New York, 81 N.Y.2d 921; Murray v. Niagara Frontier Transp. Auth., 199 A.D.2d 984; Laurie v. Niagara Candy, 188 A.D.2d 1075, 1075-1076).