Opinion
2003-05578.
Decided June 21, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 28, 2003, which denied their motion for summary judgment on the issue of liability on the cause of action to recover damages pursuant to Labor Law § 240(1).
Hecht, Kleeger, Pintel Damashek (Jordan Hecht and Ephrem Wertenteil, New York, N.Y., of counsel), for appellants.
Savona Scully, New York, N.Y. (Raymond M. D'Erasmo and Joseph F.X. Savona of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P.: ROBERT W. SCHMIDT, REINALDO E. RIVERA, ROBERT A. LIFSON, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs made a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the defendants raised a triable issue of fact, inter alia, as to how the accident occurred ( see Park v. Ferragamo, 282 A.D.2d 588; Castronovo v. Doe, 274 A.D.2d 442, 443). Thus, the Supreme Court properly denied the plaintiffs' motion for summary judgment on the issue of liability on the cause of action to recover damages pursuant to Labor Law § 240(1).
SANTUCCI, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.