Opinion
3602.
Decided June 3, 2004.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered December 5, 2002, which, insofar as appealed from, denied plaintiff's motion for partial summary judgment as to liability on his cause of action under Labor Law § 240(1), unanimously reversed, on the law, without costs, the motion granted and the matter remanded for further proceedings.
Mauro Goldberg Lilling LLP, Great Neck (Matthew W. Naparty of counsel), for appellant.
Rivkin Radler LLP, Uniondale (Merril S. Biscone of counsel), for respondent.
Before: Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ.
Plaintiff fell from a scaffold formed by metal "elbow" pipes that supported wooden planks. It is undisputed that the planks were not tied or secured to the "elbow" pipes. Plaintiff testified that he fell when the plank on which he was standing "flipped over." Since this testimony was not controverted by any competent evidence in the record, plaintiff established that his injuries had been proximately caused, in whole or in part, by a failure to provide him with a scaffold "so constructed . . . as to give proper protection" against elevation-related hazards (Labor Law § 240). Accordingly, plaintiff is entitled to judgment, as a matter of law, on the issue of liability.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.