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Francesco Strangio v. Thomas Johnson

New York Court of Appeals


November 30, 2010

FRANCESCO STRANGIO, APPELLANT,
v.
SEVENSON ENVIRONMENTAL SERVICES, INC. AND THE GOODYEAR TIRE & RUBBER COMPANY, RESPONDENTS. SEVENSON ENVIRONMENTAL SERVICES, INC., ET AL., RESPONDENTS,
v.
THOMAS JOHNSON, INC., RESPONDENT.

Submitted by William D. Christ, for respondents Sevenson Environmental Services, Inc. and Goodyear Tire & Rubber Company. Submitted by Michael T. Coutu, for respondent Thomas Johnson, Inc.

MEMORANDUM:

The order of the Appellate Division should be modified,

without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law § 240 (1).

Plaintiff's remaining contentions lack merit. On review of submissions pursuant to section 500.11 of the Rules, order modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff's Labor Law § 240(1) claim and, as so modified, affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided November 30, 2010

20101130

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