Opinion
May 5, 1997
Appeal from Supreme Court, Richmond County (Leone, J.),
Ordered that the order is reversed, on the law, with one bill of costs, and the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) is granted.
The plaintiff established his entitlement to judgment as a matter of law on the issue of liability under Labor Law § 240 (1). The circumstantial evidence presented clearly indicated that the plaintiff, at ground level, was hit in the head by an object which came from the roof of a building on a construction site at which he was working, and that no safety devices were provided which would have possibly prevented this accident ( see, Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513; Keane v. Sin Hang Lee, 188 A.D.2d 636; Santos v. Sure Iron Works, 166 A.D.2d 571). The defendant failed to present any evidence which would raise any questions of fact requiring the denial of summary judgment.
Rosenblatt, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.