Morogianis v. Tres, Inc.

The record conclusively establishes plaintiff’s claim that the scaffold from which plaintiff-construction worker fell lacked the requisite safety devices and that such statutory violation was the proximate cause of his injuries. Accordingly, the mo*280tion court properly granted plaintiffs motion for partial summary judgment on the issue of liability (Robinson v NAB Constr. Corp., 210 AD2d 86). Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.