Opinion
December 4, 1997
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
The conflicting affidavits do not permit, as a matter of law, on a motion for summary judgment, the finding, made by the motion court, that the scaffold from which plaintiff fell tipped because one of its wheels got caught in an unguarded hole in the floor across which the scaffold was being pushed. Nevertheless, it is clear that the injury resulted from an elevation-related risk. Plaintiffs were properly awarded summary judgment against the owner and general contractor under Labor Law § 240 (1), since plaintiffs established there was a violation of the statute and that such violation was the proximate cause of the injury ( Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555).
Concur — Milonas, J. P., Rubin, Tom, Mazzarelli and Colabella, JJ.