Townsend v. Nenni Equipment Corp.
Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), entered September 16, 1992, as denied the plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) and granted that branch of the defendants’ cross motion which was for summary judgment dismissing the third cause of action.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
According to the facts alleged by the plaintiff William Townsend, Townsend was employed by the third-party defendant Highland Sand & Gravel, Inc. (hereinafter Highland) as plant superintendent of a quarry. The defendants Nenni Equipment Corp. and James McDonald were the owner and operator, respectively, of a crane leased by Highland for the purposes of installing a stone crusher. Highland provided the rigging for the crane, and Townsend supervised the preparation of the rigging by Highland employees. As the crane was lowering the stone crusher into place, one of the slings comprising the rigging broke, causing the crusher to strike Townsend in the leg.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.