Opinion
January 13, 2000
Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 9, 1998, which denied plaintiff's motion for summary judgment as to liability on his Labor Law § 240 Lab.(1) cause of action against defendant Center Associates, a New York Partnership, unanimously affirmed, without costs.
Morton Alpert Linda Goldman for Plaintiff-Appellant.
Barbara D. Goldberg for Defendants-Respondents.
ROSENBERGER, J.P., MAZZARELLI, WALLACH, SAXE, JJ.
There are issues of fact as to whether plaintiff's fall was the result of an extraordinary gravity-related risk within the protective ambit of Labor Law § 240 Lab.(1) (see, Gettys v. Port Auth. of New York and New Jersey, 248 A.D.2d 226), or was the result of some other peril arising as an ordinary and usual incident of construction (see, Nieves v. Five Boro Air Conditioning Refrigeration Corp., 93 N.Y.2d 914; Papapietro v. Rock-Time, Inc., 265 A.D.2d 174, 695 N.Y.S.2d 568).
Motion to dismiss appeal denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.