Opinion
December 7, 1995
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Plaintiff was injured when he fell from a scaffold which did not have any safety railings around its perimeter, a work platform or any toe boards. He also had not been provided with any safety belt, lifeline, hard hat or any other safety device.
Pursuant to Labor Law § 240 (1), absolute liability ensues from this undisputed failure of defendant to provide appropriate safety devices, and, under the circumstances herein, the absence of such equipment was a proximate cause of the accident ( see, Bland v Manocherian, 66 N.Y.2d 452, 461). Contrary to defendant's contention, there is no necessity that plaintiff's testimony or sworn statement be corroborated. There is no bar to granting partial summary judgment as to liability, on plaintiff's statement alone, since no bona fide issue as to his credibility exists ( Rodriguez v New York City Hous. Auth., 194 A.D.2d 460, 461-462). "[M]inor, immaterial inconsistencies" in the testimony or statement will also not preclude the grant of summary judgment ( Robinson v NAB Constr. Corp., 210 A.D.2d 86, 87).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.