Opinion
Argued April 16, 2001.
May 14, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 10, 2000, as denied their motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240(1).
Jeffrey Bettan (Livoti, Bernstein Moraco, P.C., New York, N Y [Barry S. Bernstein and Robert F. Moraco] of counsel), for appellants.
Peter J. Creedon, Garden City, N.Y. (James J. Toomey, Jr., of counsel), for respondent Cheryl Solotoff.
Baxter Smith, P.C., Jericho, N.Y. (Leonard M. Cascone of counsel), for respondent Deli Designs, Inc.
Before: KRAUSMAN, J.P., H. MILLER, SCHMIDT and CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The injured plaintiff was the owner and principal employee of a drywall installation company hired by the defendant Deli Designs, Inc., to install sheetrock in a delicatessen located on the property of the defendant Cheryl Solotoff. He was injured when he fell from his scaffold onto a floor eight feet below. The plaintiffs commenced this action and subsequently moved for summary judgment on their cause of action pursuant to Labor Law § 240(1). The court correctly found that since the scaffold did not collapse, slip, or otherwise fail to support the injured plaintiff's weight, it is a question of fact for a jury as to whether the scaffold provided the worker with proper protection (see, Nelson v. Ciba-Geigy, 268 A.D.2d 570; Zgoba v. East Shopping Corp., 246 A.D.2d 539; Basmas v. J.B.J. Energy Corp., 232 A.D.2d 594).