Opinion
No. 2007-05460.
March 25, 2008.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated May 16, 2007, which granted the plaintiffs' motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Fabiani Cohen Hall, LLP, New York, N.Y. (Thomas J. Hall and Sander N. Rothchild of counsel), for appellant.
Gorayeb Associates, P.C., New York, N.Y. (John M. Shaw of counsel), for respondents.
Before: Fisher, J.P., Miller, McCarthy and Chambers, JJ.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly granted the plaintiffs' motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1). The plaintiffs established their prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate that the defendant failed to provide adequate safety devices and that its violation of Labor Law § 240 (1) was a proximate cause of the injuries incurred ( see Felker v Corning Inc., 90 NY2d 219, 224; Tylman v School Constr. Auth., 3 AD3d 488, 489; Ramos v Port Auth. of N.Y N.J., 306 AD2d 147, 148; Nephew v Barcomb, 260 AD2d 821, 823; see also Alvarez v Prospect Hosp., 68 NY2d 320, 324). In opposition, the defendant failed to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d at 324; Zuckerman v City of New York, 49 NY2d 557, 562).