Marrone v. 740 Corporation

Full title: ANTHONY MARRONE et al., Appellants, v. 740 CORPORATION et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 30, 1995

215 A.D.2d 336 (N.Y. App. Div. 1995)

627 N.Y.S.2d 1

Opinion

May 30, 1995

Appeal from the Supreme Court, New York County (William Davis, J.).

Issues of fact exist precluding summary judgment on plaintiff construction worker's Labor Law § 240 (1) claim, including whether the scaffolding from which he fell contained a built-in stairway that could have been used to safely gain access from the floor he was on to the floor he was directed to go to, and thus whether plaintiff was a "`recalcitrant worker'" (cf., Stolt v General Foods Corp., 81 N.Y.2d 918, 920).

Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Asch, JJ.