Opinion
June 22, 2000.
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about August 4, 1999, which, inter alia, granted plaintiffs' motion for summary judgment on the issue of liability on their Labor Law § 240 Lab.(1) claim, unanimously affirmed, without costs.
Scott N. Singer, for plaintiffs-respondents.
Jonathan T. Uejio, for defendant-appellant.
Before: Williams, J.P., Tom, Lerner, Andrias, Friedman, JJ.
The motion court properly granted plaintiff's motion for summary judgment as to liability upon his Labor Law § 240 Lab.(1) claim in light of proof demonstrating that, in the course of his employment as a mason tender, plaintiff fell from a scaffold six or seven feet to the ground when one of the scaffold's planks gave way (see, Gordon v. E. Ry. Supply, Inc., 82 N.Y.2d 555, 559; Ross v. Curtis Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501). The speculation of appellant, third-party defendant SAF La Sala Corporation, that the accident might not have happened in the manner described by plaintiff or might not have happened at all, was insufficient to raise a triable issue of fact.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.