Opinion
No. 2009-11072.
March 15, 2011.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (R. Miller, J.), dated September 10, 2009, which granted the plaintiffs motion for summary judgment on the issue of liability on the cause of action pursuant to Labor Law § 240 (1).
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and John Hogrogian of counsel), for appellant.
Argyropoulos Bender, Astoria, N.Y. (Susan E. Paulovich of counsel), for respondent.
Before: Angiolillo, J.P., Florio, Belen and Austin, JJ.
Ordered that the order is affirmed, with costs.
The plaintiff was working in a courthouse owned by the defendant and using a ladder to prepare the walls and ceiling for painting when the ladder collapsed, causing him to fall and sustain injuries.
The plaintiff established, prima facie, his entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) by submitting his deposition testimony, which demonstrated that he fell when the ladder he was using collapsed, and that the failure to provide a secure ladder proximately caused his injuries ( see Gordon v Eastern Ry. Supply, 82 NY2d 555, 561-562; McCaffery v Wright Co. Constr., Inc., 71 AD3d 842, 843; Yin Min Zhu v Triple L. Group, LLC, 64 AD3d 590; Gilhooly v Dormitory Auth. of State of NY., 51 AD3d 719, 720; Rivera v Dafna Constr. Co., Ltd., 27 AD3d 545).
In opposition, the defendant failed to raise a triable issue of fact. The defendant did not offer any evidence, only mere speculation, to oppose the prima facie case or create a bona fide issue regarding the plaintiffs credibility as to a material fact ( see Klein v City of New York, 89 NY2d 833, 835; McCaffery v Wright Co. Constr, Inc., 71 AD3d at 843; Barr v 1575 Ave., LLC, 60 AD3d 796, 797-798; Rivera v Dafna Constr. Co., Ltd., 27 AD3d at 545-546; cf. Duran v Kijak Family Partners, L.P., 63 AD3d 992, 994). Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the issue of liability on the cause of action pursuant to Labor Law § 240 (1).
[Prior Case History: 24 Misc 3d 1248(A), 2009 NY Slip Op 51921(U).]