Opinion
December 31, 1998
Appeal from Order of Supreme Court, Onondaga County, Hurlbutt, J. — Summary Judgment.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment on liability under Labor Law § 240 Lab. (1). Plaintiff failed to establish that the absence of, or defect in, a safety device was the proximate cause of his injuries ( see, Weininger v. Hagedorn Co., 91 N.Y.2d 958, 960, rearg denied 92 N.Y.2d 875; Felker v. Corning Inc., 90 N.Y.2d 219, 224).
Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.