Opinion
9070 Index 21993/14
04-23-2019
Ramon VASQUEZ–TINEO, Plaintiff–Appellant, v. 1764–1766 WESTCHESTER AVENUE, LLC, et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant. Mauro Lilling Naparty, LLP, Woodbury (Anthony F. DeStefano of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant.
Mauro Lilling Naparty, LLP, Woodbury (Anthony F. DeStefano of counsel), for respondents.
Renwick, J.P., Gische, Webber, Singh, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 17, 2018, which denied plaintiff's motion for summary judgment on the issue of liability on the Labor Law § 240(1) claim, unanimously affirmed, without costs.
Plaintiff established entitlement to judgment as a matter of law by his testimony that he fell from an unstable ladder that collapsed while he was painting (see Kebe v. Greenpoint–Goldman Corp., 150 A.D.3d 453, 54 N.Y.S.3d 387 [1st Dept. 2017] ). In opposition, defendants submitted evidence, including testimony of a supervisor of the job site, that raised triable issues of fact as to the circumstances surrounding the accident, including what ladder plaintiff was using when he fell (see e.g. Hobbs v. MTA Capital Constr., 159 A.D.3d 544, 72 N.Y.S.3d 79 [1st Dept. 2018] ; Perez v. Folio House, Inc., 123 A.D.3d 519, 999 N.Y.S.2d 29 [1st Dept. 2014] ).