Opinion
May 6, 1996
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondent and the third-party defendant, and the plaintiff's motion for partial summary judgment against the defendant on the issue of liability pursuant to Labor Law § 240 (1) is granted.
The plaintiff made a prima facie showing of a violation of Labor Law § 240 (1) ( see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555; Bryan v. City of New York, 206 A.D.2d 448; Urrea v. Sedgwick Ave. Assocs., 191 A.D.2d 319). 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). The defendant's contention that it needs to conduct depositions of the third-party defendants is insufficient to defeat the motion. Allegations of mere hope that discovery will reveal something helpful to the defendant's case provide no basis for postponing the determination of the plaintiff's motion ( see, Bryan v. City of New York, supra; Plotkin v. Franklin, 179 A.D.2d 746). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.