YANNI v. PORT AUTH. OF NEW YORK NEW JERSEY

As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached at trial.

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Tom, JJ.