Opinion
No. 3068.
March 13, 2008.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 14, 2007, which granted plaintiff Mike Rieger's motion for partial summary judgment on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York (Nathan C. Gaudio of counsel), for appellant.
Pollack, Pollack, Isaac DeCicco, New York (Jillian Rosen of counsel), for respondents.
Before: Lippman, P.J., Andrias, Williams and McGuire, JJ. [ See 2007 NY Slip Op 31618(U).]
Plaintiff was injured when he fell from defendant's unsecured ladder while working at defendant's premises. As it is undisputed that the ladder buckled and tipped over to one side, propelling plaintiff to the concrete floor below, the motion court properly granted summary judgment to plaintiff on the issue of liability under Labor Law § 240 (1) ( see Montalvo v J. Petrocelli Constr., Inc., 8 AD3d 173, 175; see also Orellano v 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291).
The evidence fails to support defendant's contention that plaintiff was the sole proximate cause of his injuries ( see Hart v Turner Constr. Co., 30 AD3d 213; Orellano at 291).