Appellate Division of the Supreme Court of the State of New York April 19, 1996 (Miller v. C.O. Falter Construction Corp.)

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured when he fell from stilts while taping drywall at a construction site. He contends that Supreme Court erred in denying his motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) against defendant C.O. Falter Construction Corp. (C.