Opinion
April 8, 1999
Appeal from the Supreme Court, New York County (Louise Gruner-Gans, J.).
Third-party defendant, Fischbach and Moore, plaintiff's employer, has standing to bring this appeal (see, Fitch v. Turner Constr. Co., 241 A.D.2d 166, 172). We agree with the IAS Court that plaintiff made out a prima facie case under Labor Law § 240 (1) by proof that he was ejected from the aerial bucket in which he was working when the boom to which the bucket was attached suddenly dropped and came back up. Whatever the cause of such malfunction, plaintiff is entitled to summary judgment absent any evidence that the failure to provide a safe bucket was not, a substantial cause of his injuries (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562).
Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ.