The following e-filed documents, listed by NYSCEF document number (Motion 002) 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115 were read on this motion to/for JUDGMENT — SUMMARY. DECISION + ORDER ON MOTION In this Labor Law personal injury action involving a construction site located at 530 East 74th Street, New York, New York (the project), plaintiff Miguel Colon moves, pursuant to CPLR §3212, for partial summary judgment on the issue of liability on his claims under Labor Law §§240 [1] and 241 [6] (motion seq no 002). Defendants Turner Construction Company (Turner), the general contractor, and Memorial Sloan-Kettering Cancer Center (MSK), the owner of the building, cross-move, pursuant to CPLR §3212, for summary judgment dismissing the complaint.1 BACKGROUND Plaintiff’s Testimony Plaintiff testified that the accident occurred on May 17, 2017 while he was working as a sheet metal worker for Heritage Mechanical Services (Heritage) on the project (Plaintiff EBT at 17, 20, 22, NYSCEF Doc No 46). Plaintiff’s job was to install heating and air-conditioning systems (NYSCEF Doc No 46, p 14). According to plaintiff, on the date of the accident he was putting together ducts in a shaft — specifically, installing angles on the wall of the shaft which the duct hangs from (id. at 25-26). The shaft went up about twenty floors above him and there was a big hole at the top (id. at 26-27). Plaintiff said he was secured by a harness and wore gloves and a hardhat but there was no overhead protection above him (id. at 36). He also testified that no one was supposed to be working above him and that his partner was not present at the time of the accident (id. at 26, 36). At approximately 12:45 p.m., while plaintiff was drilling into a cement wall of the shaft to install an anchor, he heard a noise and as he looked up, he was hit in the left shoulder and top of the chest by a falling piece of plywood (id. at 34-36). He testified the plywood was approximately three-quarters of an inch thick, eighteen inches wide and thirty-six inches long (id. at 37-38). Plaintiff also alleged that the plywood that fell was the plywood used by different trades working on the project and was going to be installed and used as part of the project (Colon Aff at
