Opinion
February 8, 1999
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the cross appeal is dismissed, as the defendant Ronald A. Cambria, d/b/a G.R.J. Richmond Company is not aggrieved by the judgment; and it is further,
Ordered that the judgment is reversed, the plaintiff's motion is granted, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages only; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The only evidence adduced at trial indicated that while the plaintiff was working atop a ladder which had no protective rubber skids, the ladder slid to the side causing the plaintiff to fall. Based upon this evidence the jury concluded that the defendants had violated Labor Law § 240 Lab., but that the violation was not a proximate cause of the accident. However, once the jury found that Labor Law § 240 Lab. had been violated, there was no evidence on this record upon which they could conclude that the violation of Labor Law § 240 Lab. was not a proximate cause of the injuries ( see, Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513; Chaitovitz v. Lewis, 222 A.D.2d 392). Accordingly, the trial court erred in failing to grant the plaintiff's motion pursuant to CPLR 4404 to set aside the verdict and for judgment in his favor as a matter of law.
O'Brien, J. P., Santucci, Joy and Goldstein, JJ., concur.