Opinion
2012-05-10
Teodoro F. MARQUEZ, Plaintiff–Respondent, v. The TRUSTEES OF COLUMBIA UNIVERSITY IN the CITY OF NEW YORK, Defendant–Appellant.
Conway, Farrell, Curtin & Kelly P.C., New York (Jonathan T. Uejio of counsel), for appellant. Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for respondent.
Conway, Farrell, Curtin & Kelly P.C., New York (Jonathan T. Uejio of counsel), for appellant. Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for respondent.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered December 12, 2011, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240(1), and denied defendant's cross motion for summary judgment dismissing the § 240(1) claim, unanimously affirmed, without costs.
Plaintiff established his entitlement to judgment as a matter of law. Plaintiff submitted, inter alia, his deposition testimony and his affidavit showing that he was working on an A-frame ladder plastering a ceiling when the ladder became unstable and tipped, causing him to fall to the floor ( see Siegel v. RRG Fort Greene, Inc., 68 A.D.3d 675, 891 N.Y.S.2d 398 [2009]; Orellano v. 29 E. 37th Realty Corp., 292 A.D.2d 289, 740 N.Y.S.2d 16 [2002] ). In opposition, defendant failed to raise a triable issue of fact.