ROHAN RAGUBIR, Plaintiff-Appellant-res, v. GIBRALTAR MANAGEMENT CO., INC. Defendants-res-ap, [AND A THIRD-PARTY ACTION]. The Altman Law firm PLLC, New York (Michael T. Altman of counsel), for appellant-res

2757. ROHAN RAGUBIR, Plaintiff-Appellant-res, v. GIBRALTAR MANAGEMENT CO., INC. Defendants-res-ap, [AND A THIRD-PARTY ACTION]. The Altman Law firm PLLC, New York (Michael T. Altman of counsel), for appellant-res — Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for respondents-ap — Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered December 7, 2015, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law §240(1) cause of action, and denied defendants’ motion for summary judgment dismissing the Labor Law §240(1) and §241(6) causes of action, unanimously modified, on the law, to the extent of granting plaintiff’s motion, and otherwise affirmed, without costs.

Labor Law §240(1) imposes on owners, general contractors and their agents a nondelegable duty to provide safety devices to protect against elevation-related hazards on construction sites, and they will be absolutely liable for any violation that results in injury regardless of whether they supervised or controlled the work (see Blake v. Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 287-288 [2003]). Where use of such a safety device would defeat or be contrary to the purpose of the work, however, no liability will attach for the failure to provide such a device (see Salazar v. Novalex Contr. Corp., 18 NY3d 134, 139-140 [2011]; Maldonado v. AMMM Props. Co., 107 AD3d 954 [2d Dept 2013]).