Opinion
2002-00691
Argued October 21, 2002.
December 2, 2002.
In an action to recover damages for personal injuries, etc., the defendant ANI Entertainment, Inc., appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated November 28, 2001, which granted the plaintiffs' motion for summary judgment against it on the issue of liability on their Labor Law § 240(1) cause of action.
Dubow Smith, Bronx, N.Y., and Israelson Gold, Plainview, N.Y. (Jeffrey B. Gold of counsel), for appellant (one brief filed).
Proner Proner, New York, N.Y. (Tobi Salottolo of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In support of their motion for summary judgment against the defendant ANI Entertainment, Inc. (hereinafter ANI), on the issue of liability on their Labor Law § 240(1) cause of action, the plaintiffs demonstrated a prima facie entitlement to judgment as a matter of law by offering evidence that a ladder upon which the plaintiff Cyril Peter was standing while performing renovation/construction work slid out from under him, causing him to fall to the ground (see Klein v. City of New York, 89 N.Y.2d 833, 835; Johnson v. Rapisarda, 262 A.D.2d 365; Kinsler v. Lu-Four Assocs., 215 A.D.2d 631, 632; Madden v. Trustees of Duryea Presbyt. Church, 210 A.D.2d 382). In opposition to this prima facie demonstration, ANI failed to raise a triable issue of fact either that the injured plaintiff was a recalcitrant worker or that his own conduct was the sole proximate cause of his injuries (see Klein v. City of New York, supra; Gordon v. E. Ry. Supply, 82 N.Y.2d 555, 563; Bland v. Manocherian, 66 N.Y.2d 452, 460; Izzo v. AEW Capital Mgt., 288 A.D.2d 268, 269; Madden v. Trustees of Duryea Presbyt. Church, supra). Thus, the Supreme Court properly granted the plaintiffs' motion.
FLORIO, J.P., KRAUSMAN, TOWNES and CRANE, JJ., concur.