Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Cook, J.
Present — Dillon, P.J., Doerr, O'Donnell, Pine and Schnepp, JJ.
Order unanimously reversed, on the law, with costs, and plaintiff's motion granted. Memorandum: The court erred in refusing to grant plaintiff's motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr., 107 A.D.2d 507).