Opinion
Index No. 012346-2018
08-25-2020
VIDAL TERRAZAS a/k/a DAVID TERRAZAS, Plaintiff v. UNITED TALMUDICAL ACADEMY OF KIRYAS JOEL, INC., UNITED TALMUDICAL ACADEMY TORAH V'YIRAH RABBINICAL, INC, FRIENDS 01- KIRYAS JOEL COMMUNITY ROOM, INC. and BAKERTOWN ROAD II MOLDINGS LLC, Defendants.
GINARTE GALLARDO GONZALEZ WINOGRAD, LLP Attorneys for Plaintiff LAW OFFICES OF M. RANDOLPH BELKIN Attorneys for Defendants
Unpublished Opinion
GINARTE GALLARDO GONZALEZ
WINOGRAD, LLP
Attorneys for Plaintiff
LAW OFFICES OF M. RANDOLPH BELKIN
Attorneys for Defendants
DECISION & ORDER
Craig Stephen Brown, Judge
Plaintiff Vidal Terrazas a/k/a David Terrazas moves for an order, pursuant to CPLR 3212, granting him summary judgment against the defendants United Talmudical Academy of Kiryas Joel, Inc. and Friends of Kiryas Joel Community Room, Inc. on the issue of liability under Labor Law Section 240(1),
The following papers were read:
Notice of Motion - Affirmation of Richard M. Winograd, Esq. Annexed Exhibits 1-3
Derek L. Hayden, Esq.'s Affirmation in Opposition Annexed Exhibits 4-5
Defendants' Memorandum of Law 6
Reply Affirmation of Richard M. Winograd, Esq. 7
Upon the foregoing papers it is hereby ORDERED that the plaintiffs motion for summary judgment is granted to the extent that plaintiff may enter judgment against the defendants United Talmudical Academy of Kiryas Joel, Inc. and Friends of Kiryas Joel Community Room, Inc. on the issue cf liability on the Labor Law section 240(1) cause of action.
All other requested relief is denied.
The instant personal injury action arises out of plaintiff Vidal Terrazas' fall from a Baker scaffold during construction on July 6, 2017 in the main room of a synagogue located on Karlsburg Road in the Town of Monroe, Orange County, New York. The synagogue is owned by the defendant Talmudical Academy of Kiryas Joel, Inc. 'The general contractor for the construction was Friends of Kiryas Joel Community Room. Inc. Vidal Terrazas was an electrician employed by Express Electric, Inc. which had been retained to perform the interior electrical work at the premises. At the time of the accident, plaintiff was installing electric lights in the ceiling when the scaffold tipped over causing plaintiff to fall. As a result of the fall plaintiff alleges that lie sustained injuries and the instant ac ion was commenced.
Section 240(1) of the Labor Law provides, inter alia, that, "All contractors and owners and their agents ... in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to the person so employed." The Labor Law Section 240(1) "statute should be interpreted as liberally as necessary to accomplish its purpose, which is to protect workers exposed to gravity-related hazards such as falling Lorn heights (Ross v. Curtis-Palmer Hydro-Electric, 81 N.Y.2d 494). Owners, contractors, and their agents are strictly liable for any breach of the duty to provide proper protection that proximataly causes an injury" (McCann v. Central Synagogue, 280 A.D.2d 298 citing Rocavitch v. Consolidated Edison Co., 78 N.Y.2d 509, 513). "It is apparent that the safely devices provided to plaintiff did not properly protect him from an elevation-related hazard (sec Marin v. Machnick Bldrs., 4 A.D.3d 668 [2004]). The defendants' failure to ensure that the [device] plaintiff needed to use to perform his assigned task provided proper protection, and was properly secured and braced, constitutes a proximate cause of the accident. Therefore, plaintiff [is] entitled to...summary judgment on liability pursuant to Labor Law §240(1)" against defendants United Talmudical Academy of Kiryas Joel, Inc. and Friends of Kiryas Joel Community Room, Inc. (Torres v. Monroe College, 12 A.D.3d 261 [1st Dept., 2004]; see also Otero v. Cablevision of NY, 297 A.D.2d 632 [2nd Dept., 2002]; Minchala v. Port Authority of New York and New Jersey, 67 A.D.3d 978 [2nd Dept., 2009]; Fontaine v. Jumper Associates, 67 A.D.3d 608 [1st Dept., 2309J; Ouotar v. City of New York, 5 N.Y.3d 731 [2005]; Runner v. New York Stock Exchange, Inc., 13 N.Y.3d 599 [2 309]). The Court notes that the defendants opposed the plaintiff s motion. However, the defendants failed to submit evidence in admissible form "sufficient to raise a triable issue of fact" (C PLR 3212[b]). Accordingly, the plaintiffs motion for summary judgment must be granted (see Cruz v. Roman Catholic Church of St. Gerard Margella in Borough of Queens in the City of New York, MA A.D.3d 782 [2nd Dept., 2019]).
This matter is adjourned for a conference on September 18, 2020 at 9:30 a.m.
The foregoing constitutes the Decision and Order of this Court.