Opinion
9632 Index 161936/14, 595374/15
06-18-2019
Ante VUCETIC, et al., Plaintiffs-Respondents, v. NYU LANGONE MEDICAL CENTER, Defendant, NYU Hospitals Center, et al., Defendants-Appellants. [And a Third Party Action] NYU Hospitals Center, et al., Second Third-Party Plaintiffs, v. Horizon Contracting, LLC, Second Third-Party Defendant-Appellant.
Gallo Vitucci Klar LLP, Woodbury (Ivan C. Torres of counsel), for NYU Hospital Center and Lend Lease (US) Construction LMB Inc., appellants. Milber Makris Plousadis & Seiden, LLP, Woodbury (Joseph V. Cambareri of counsel), for Horizon Contracting, LLC, appellant. Sacks and Sacks LLP, New York (Scott N. Singer of counsel), for respondents.
Gallo Vitucci Klar LLP, Woodbury (Ivan C. Torres of counsel), for NYU Hospital Center and Lend Lease (US) Construction LMB Inc., appellants.
Milber Makris Plousadis & Seiden, LLP, Woodbury (Joseph V. Cambareri of counsel), for Horizon Contracting, LLC, appellant.
Sacks and Sacks LLP, New York (Scott N. Singer of counsel), for respondents.
Sweeny, J.P., Manzanet–Daniels, Kapnick, Oing, Singh, JJ.
Summary judgment was properly granted in this action where plaintiff Ante Vucetic was injured when the A-frame ladder he was using to perform insulation work collapsed beneath him, causing him to fall to the ground (see e.g. Tuzzolino v. Consolidated Edison Co. of N.Y., 160 A.D.3d 568, 75 N.Y.S.3d 166 [1st Dept. 2018] ; Fletcher v. Brookfield Props., 145 A.D.3d 434, 41 N.Y.S.3d 700 [1st Dept. 2016] ). The record shows that the "safety devices provided to plaintiff did not properly protect him from an elevation-related hazard" ( Torres v. Monroe College, 12 A.D.3d 261, 262, 785 N.Y.S.2d 57 [1st Dept. 2004] ). Furthermore, at the time of his fall, plaintiff was following his foreman's instructions and thus, he was not the sole proximate cause of the accident (see Harris v. City of New York, 83 A.D.3d 104, 110–111, 923 N.Y.S.2d 2 [1st Dept. 2011] ; Kielar v. Metropolitan Museum of Art, 55 A.D.3d 456, 458, 866 N.Y.S.2d 629 [1st Dept. 2008] ).