Opinion
4687, 153442/14.
10-17-2017
Felix MEDRANO, et al., Plaintiffs–Respondents, v. PORT AUTHORITY OF NEW YORK and New Jersey, et al., Defendants–Appellants.
Segal McCambridge Singer & Mahoney, Ltd., New York (Mary E. Adams of counsel), for appellants. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondents.
Segal McCambridge Singer & Mahoney, Ltd., New York (Mary E. Adams of counsel), for appellants.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondents.
TOM, J.P., RICHTER, ANDRIAS, GESMER, SINGH, JJ.
Order, Supreme Court, New York County (David B. Cohen, J.), entered July 25, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for partial summary judgment on the Labor Law § 240(1) claim as against defendant Port Authority of New York and New Jersey (Port Authority), unanimously reversed, on the law, without costs, and the motion denied.
Although plaintiffs established their prima facie entitlement to partial summary judgment on their Labor Law § 240(1) claim (see Faver v. Midtown Trackage Ventures, LLC, 150 A.D.3d 580, 52 N.Y.S.3d 626 [1st Dept.2017] ), Port Authority's evidence was sufficient to raise a triable issue of fact. The injured plaintiff testified that while he was applying fireproofing material to a ceiling beam by hand he fell from an unsecured defective ladder that was supplied to him by his assistant foreman, to whom he had complained about the ladder. However, his assistant foreman averred that he had not supplied the ladder, and that plaintiff had not complained to him about it, and his coworker averred that plaintiff had worked from the ground all day. Thus, his affidavit contradicted the injured plaintiff's account of the accident, and called into question his credibility (see Smigielski v. Teachers Ins. & Annuity Assn. of Am., 137 A.D.3d 676, 676, 29 N.Y.S.3d 272 [1st Dept.2016] ; Macchia v. Nastasi White, Inc., 26 A.D.3d 225, 809 N.Y.S.2d 47 [1st Dept. 2006] ).