| Grove v Cornell Univ. |
| 2011 NY Slip Op 07258 [17 NY3d 875] |
| October 18, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 14, 2011 |
| Dallas M. Grove, Appellant, v Cornell University et al., Respondents. |
Decided October 18, 2011
Grove v Cornell Univ., 75 AD3d 718, modified.
APPEARANCES OF COUNSEL
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.
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.{**17 NY3d at 877} [*2]
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.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
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.