Opinion
September 16, 1985
Appeal from the Supreme Court, Westchester County (Rubenfeld, J.).
Order reversed, insofar as appealed from, on the law, with one bill of costs, summary judgment granted in favor of plaintiff as against respondents, and matter remitted to the Supreme Court, Westchester County, for an assessment of damages.
Plaintiff submitted sufficient uncontroverted evidence at Special Term that defendants violated Labor Law § 240 (1) by failing to adequately fasten or secure the ladder he was using to repair the roof of the Westchester County Sewerage Treatment Plant (see, Larson v Herald, 96 A.D.2d 1137), and that such failure was a proximate cause of the injuries he sustained as a result of a fall from the unsecured ladder (Mack v Altmans Stage Light. Co., 98 A.D.2d 468; Crawford v Leimzider, 100 A.D.2d 568). Since neither respondent has offered any proof, other than affirmations of counsel who lacked personal knowledge of the facts, to refute plaintiff's claim, summary judgment should have been granted in favor of plaintiff (see, Roche v Hearst Corp., 53 N.Y.2d 767; Newman v Greenstein, 99 A.D.2d 1018; cf. Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513). Mangano, J.P., Gibbons, Bracken and Kunzeman, JJ., concur.