MORTELLARO v. STATE FARM MUT. AUTO. INS

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment on the Labor Law § 240 Lab.(1) cause of action. There are questions of fact with respect to the manner in which the accident occurred and whether plaintiff Paul Mortellaro's conduct was the sole proximate cause of the accident ( see, Weininger v. Hagedorn Co., 91 N.Y.2d 958, rearg denied 92 N.Y.2d 875).

Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.