Opinion
April 6, 1998
Appeal from the Supreme Court, Queens County (Satterfield, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) is granted, and the matter is remitted to the Supreme Court, Queens County, for an assessment of damages.
It is not disputed that the plaintiff fell when the unsecured ladder on which he was standing slid and collapsed as he was attempting to affix a steel sign frame to the side of a building. Nor is it disputed that this was the proximate cause of the plaintiff's injuries. Under these circumstances, the plaintiff is entitled to partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) ( see, e.g., Quinlan v. Eastern Refractories Co., 217 A.D.2d 819; Beesimer v. Albany Ave./Rte. 9 Realty, 216 A.D.2d 853, 854; Madden v. Trustees of Duryea Presbyt. Church, 210 A.D.2d 382; Bryan v. City of New York, 206 A.D.2d 448, 449; cf., Anderson v. Schul/Mar Constr. Corp., 212 A.D.2d 493).
Bracken, J.P., O'Brien, Copertino and Pizzuto, JJ.,