Opinion
2011-11-15
Joseph FELIX, appellant,v.INDEPENDENCE SAVINGS BANK, et al., defendants,20 Bayard Views, LLC, et al., respondents(and a third-party action).
The Perecman Firm, PLLC, New York, N.Y. (David H. Perecman and Peter D. Rigelhaupt of counsel), for appellant.Marks, O'Neill, O'Brien & Courtney, P.C., Elmsford, N.Y. (James M. Skelly,
Brian D. Meisner, and Joel Maxwell of counsel), for respondents.
In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated June 28, 2010, which denied his motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1).
ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1) is granted.
The plaintiff allegedly was injured when he fell from a scaffold, which was on wheels, while performing pipefitting work. He established, prima facie, that the defendants were subject to liability under Labor Law § 240(1) based on his deposition testimony that a wheel of the scaffold on which he was working slipped into a hole, causing him to fall ( see Caballero v. Benjamin Beechwood, LLC, 67 A.D.3d 849, 852, 889 N.Y.S.2d 630).
In opposition, the defendants failed to raise a triable issue of fact ( cf. Wiener v. Rosmarin, 282 A.D.2d 449, 450, 722 N.Y.S.2d 409).
Accordingly, the Supreme Court should have granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1).
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.