Opinion
02-23-2017
Erick IDONA, Plaintiff–Appellant, v. MANHATTAN PLAZA, INC., Defendant–Respondent, Hobo Construction Company, Defendant.
Alexander J. Wulwick, New York, for appellant. Baxter Smith & Shapiro, P.C., White Plains (Sim R. Shapiro of counsel), for respondent.
Alexander J. Wulwick, New York, for appellant.
Baxter Smith & Shapiro, P.C., White Plains (Sim R. Shapiro of counsel), for respondent.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered June 28, 2016, 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) claim, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff's testimony that he fell from scaffolding materials stacked atop the surface of a flatbed truck, about 10 feet above the ground, and that he was not provided with a safety device that would have prevented his fall, was sufficient to establish his entitlement to partial summary judgment on his Labor Law § 240(1) claim (see e.g. Phillip v. 525 E. 80th St. Condominium, 93 A.D.3d 578, 940 N.Y.S.2d 631 [1st Dept.2012] ). Although plaintiff was wearing a safety harness at the time of the accident, there was no place on the truck where the harness could be secured.
FRIEDMAN, J.P., RICHTER, KAPNICK, KAHN, JJ., concur.