Opinion
March 24, 1998
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
Plaintiff's testimony that he was injured when the ladder on which he was standing collapsed established a prima facie case under Labor Law § 240 (1), and it is not enough to avoid summary judgment for defendants simply to argue that plaintiff is the sole witness to the accident with exclusive knowledge of the facts as to how the accident happened ( see, Klein v. City of New York, 89 N.Y.2d 833, affg 222 A.D.2d 351; Rodriguez v. New York City Hous. Auth., 194 A.D.2d 460; Rodriguez v. Forest City Jay St. Assocs., 234 A.D.2d 68, 69-70). Concerning plaintiffs' time to move for summary judgment, it expired on May 1, 1997, pursuant to CPLR 3212 (a) ( Phoenix Garden Rest. v. Chu, 245 A.D.2d 164), but the pretrial conferences held in February and April 1997, at which discussions were had as to whether defendants would concede liability, constituted good cause for permitting the motion to be served on or about May 30, 1997. We have considered defendants' remaining argument and find it to be without merit.
Concur — Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.