Opinion
2013-11-27
HAI–ZHONG PANG, respondent, v. LNK BEST GROUP, INC. et al., appellants.
Pillinger Miller Tarallo, LLP (Thomas Torto and Jason Levine, New York, N.Y., of counsel), for appellants. Caesar & Napoli, New York, N.Y. (Robert Stein of counsel), for respondent.
Pillinger Miller Tarallo, LLP (Thomas Torto and Jason Levine, New York, N.Y., of counsel), for appellants. Caesar & Napoli, New York, N.Y. (Robert Stein of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and LEONARD B. AUSTIN, JJ.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Grays, J.), entered July 2, 2012, which granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).
ORDERED that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1). The plaintiff submitted evidence that, while in the course of his employment as a laborer removing insulation and broken pipes from the ceiling of a building owned by the defendants, he was standing on an unsecured A-frame ladder when the ladder tipped over, causing him to fall ( see Gonzalez v. AMCC Corp., 88 A.D.3d 945, 946, 931 N.Y.S.2d 415; LaGiudice v. Sleepy's Inc., 67 A.D.3d 969, 971, 890 N.Y.S.2d 564; Gilhooly v. Dormitory Auth. of State of New York, 51 A.D.3d 719, 720, 858 N.Y.S.2d 308; Ricciardi v. Bernard Janowitz Constr. Corp., 49 A.D.3d 624, 625, 853 N.Y.S.2d 373; Granillo v. Donna Karen Co., 17 A.D.3d 531, 793 N.Y.S.2d 465).
In opposition, the defendants failed to raise a triable issue of fact as to whether the plaintiff's conduct was the sole proximate cause of his accident ( see Gonzalez v. AMCC Corp., 88 A.D.3d at 946, 931 N.Y.S.2d 415; Ricciardi v. Bernard Janowitz Constr. Corp., 49 A.D.3d at 625, 853 N.Y.S.2d 373; Argueta v. Pomona Panorama Estates, Ltd., 39 A.D.3d 785, 835 N.Y.S.2d 358; Rivera v. Dafna Constr. Co. Ltd., 27 A.D.3d 545, 545–546, 813 N.Y.S.2d 109).
The defendant's remaining contentions are either without merit or improperly raised for the first time on appeal.
Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).