Opinion
283
February 25, 2003.
Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered on or about April 13, 2001, which, to the extent appealed from, granted plaintiff's motion for summary judgment as to liability upon his Labor Law § 240(1) claim, unanimously affirmed, without costs.
Neil F. Schreffler, for plaintiff-respondent.
Peter James Johnson, Jr., for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Rosenberger, Gonzalez, JJ.
Plaintiff, by adducing evidence that, while performing renovation work in the basement of a building owned by defendant Selina Development Corporation of New York, he fell from an unsecured ladder, set forth a prima facie case of liability under Labor Law § 240(1) (see Yurkovich v. Kvarner Woodworking, 289 A.D.2d 183), and since Selina has, in opposition to plaintiff's motion, "offered nothing more than mere speculation as to what might have occurred," the award of summary judgment in plaintiff's favor was appropriate (Wise v. 141 McDonald Ave., LLC., 297 A.D.2d 515, 516).
Selina's various arguments to the contrary are unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.