Grove v. Cornell University ( 2011 )

17 N.Y.3d 875 (2011) 957 N.E.2d 1137 933 N.Y.S.2d 635 2011 NY Slip Op 7258

DALLAS M. GROVE, Appellant,
v.
CORNELL UNIVERSITY et al., Respondents.

No. 239 SSM 33

Court of Appeals of New York.

Decided October 18, 2011.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for appellant.

Levene Gouldin & Thompson, LLP, Binghamton (John L. Perticone of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff in violation of Labor Law § 240 (1) or whether plaintiff's conduct was the sole proximate cause of his injuries.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment appealed from and order of the Appellate Division brought up for review modified, etc.