Opinion
June 22, 1999.
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Defendant's liability under section 240 (1) was established as a matter of law by the uncontradicted evidence that plaintiff was injured when he fell from a moving scaffold that, while less than 20 feet high, lacked guardrails or other protective devices despite a foreseeable accumulation of water on its platform caused by the continuous spraying that was a necessary part of the asbestos removal work plaintiff was performing ( see, Garcia v. 1122 E. 180th St. Corp., 250 A.D.2d 550, 551, citing Casabianca v. Port Auth., 237 A.D.2d 112; Bland v. Manocherian, 66 N.Y.2d 452, 461). While plaintiff was not the sole witness to the accident, even if he were, "[t]he failure of any party to adduce a statement from plaintiff's co-workers is no reason for denying plaintiff summary judgment, absent a showing, other than mere speculation, that a bona fide issue exists as to plaintiff's credibility" ( Urrea v. Sedgwick Ave. Assocs., 191 A.D.2d 319, 320).
Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.