Corsaro v. Mt. Calvary Cemetery, Inc.
The plaintiff sustained injuries when a construction form collapsed and fell on him while he was working at ground level. The Supreme Court initially granted the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). However, an appellate court subsequently determined this was an error, concluding that the incident did not involve an elevation-related risk as defined by Labor Law § 240 (1) because the form was at the same elevation as the work site. The appellate court also affirmed the summary judgment in favor of the primary defendant regarding its third-party complaint against Frank L. Ciminelli Construction Co., the plaintiff's employer, based on evidence that the defendant did not control or supervise the employer's work. Consequently, the appellate order was modified to vacate the partial summary judgment for the plaintiff and to dismiss the plaintiff's Labor Law § 240 (1) cause of action.