Opinion
2003-03580.
Decided April 12, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Peck, J.), entered February 20, 2003, which denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240(1).
Brecher Fishman Pasternack Popish Heller Rubin Reiff, P.C., New York, N.Y. (Frank Gulino of counsel), for appellants.
Lewis Johs Avallone Aviles Kaufman, LLP, Melville, N.Y. (Michael G. Kruzynski of counsel), for defendants third-party plaintiffs-respondents.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for third-party defendant.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, the Supreme Court properly denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240(1). Triable issues of fact exist as to whether the injured plaintiff (hereinafter the plaintiff) was provided with proper protection, and if proper protection was not supplied, whether this was a contributing cause of his fall or was the plaintiff's conduct the sole proximate cause of the accident ( see Blake v. Neighborhood of Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 287; Woods v. Gonzales, 295 A.D.2d 602, 603; Williams v. Dover Home Improvement, 276 A.D.2d 626, 627; Bahrman v. Holtsville Fire Dist., 270 A.D.2d 438, 439).
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.