Opinion
April 27, 1998
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) is granted.
The collapse of a ladder that is not braced or secured in any way is a prima facie violation of Labor Law § 240 (1) ( see, Chaitovitz, v. Lewis, 222 A.D.2d 392, 393; Bryan v. City of New York, 206 A.D.2d 448, 449; Vessio v. Ador Converting Biasing, 215 A.D.2d 648; Kinsler v. Lu-Four Assocs., 216 A.D.2d 631). The defendant failed to submit evidence in admissible form to rebut this prima facie showing ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) should have been granted.
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.