Justice Joan Madden
In an action involving an ironworker who received two electrical shocks while installing a bolt, Buckley plaintiffs moved for partial summary judgment as to liability on their Labor Law §§240(1) and 241(6) claims as against defendants West 44th Street Hotel LLC and Tishman Construction Corp. The court granted the plaintiffs' motion for summary judgment as to liability against the defendants on the §241(6) claim, finding that plaintiffs have shown that the defendants' violations were a proximate cause of the injuries. The court added that it cannot be said that the plaintiff's alleged failure to wear rubber gloves and double insulated rubber boots was a sole proximate cause of the injuries or that the injured worker was recalcitrant. The court further found that the record is insufficient to raise a factual question as to the rubber gloves, as there is no evidence that the injured plaintiff was instructed to use them or other protective devices to avoid being electrocuted.
