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CHERRY v. TIME WARNER, INC.

4312.

66 A.D.3d 233 (2009)

885 N.Y.S.2d 28

PATRICK CHERRY, Respondent-Appellant, v. TIME WARNER, INC., et al., Appellants-Respondents, et al., Defendants.

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

Decided August 18, 2009.

Attorney(s) appearing for the Case

Malapero & Prisco, LLP, New York City (Frank J. Lombardo of counsel), for appellants-respondents.

Hacker & Murphy, LLP, Latham (John F. Harwick of counsel), for respondent-appellant.

MAZZARELLI, J.P., ACOSTA and RENWICK, JJ., concur; McGUIRE, J., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

This action arises out of a claimed violation of Labor Law § 240 (1). The plaintiff alleges that he was not provided with an adequate safety device, a guardrail, while working on a scaffold at the Time Warner Center on Columbus Circle. The plaintiff further alleges that, as a result, he fell off the scaffold and was seriously injured.

The undisputed facts are that on July 28, 2003, the plaintiff was an employee...

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