Raynor v. Quality Plaza Realty
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered August 17, 2010, which denied his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).
, Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) is granted.
The plaintiff allegedly sustained personal injuries when he fell 17 to 20 feet from an unsecured extension ladder while installing light fixtures in a warehouse. The plaintiffs supervisor told him to use an extension ladder to complete the work
In opposition, the defendants failed to raise a triable issue of fact as to whether there was a statutory violation or the plaintiffs conduct was the sole proximate cause of the accident (see Boe v Gammarati, 26 AD3d at 352; O’Connor v Enright Marble & Tile Corp., 22 AD3d 548, 549 [2005]; compare Robinson v East Med. Ctr., LP, 6 NY3d 550, 553-555 [2006]; Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 291 [2003]). Accordingly, the Supreme Court should have granted the plaintiffs motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1). Rivera, J.E, Dickerson, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.