Opinion
March 30, 1998
Appeal from the Supreme Court, Kings County (Garson, J.).
Ordered that the order is modified, on the law, by deleting therefrom the provision granting the plaintiff's cross motion for summary judgment against the defendants on the issue of liability under Labor Law § 240 (1) and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, with costs to the appellant payable by the plaintiff-respondent.
The record demonstrates that questions of fact exist with respect to whether the injury sustained by the plaintiff was attributable to an elevation-related hazard within the meaning of Labor Law § 240 (1) ( see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 512-513; see also, Misseritti v. Mark IV Constr. Co., 86 N.Y.2d 487, 490-492; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 499; Nohejl v. 40 W. 53rd Partnership, 205 A.D.2d 462; Wentland v. Occidental Chem. Corp., 188 A.D.2d 1030).
The appellant's remaining contentions are without merit.
O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.