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Ricciardi v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 624 (N.Y. App. Div. 2008)

Opinion

No. 2007-00665.

March 11, 2008.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered December 5, 2006, as denied their motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).

Michael E. Pressman, New York, N.Y., for defendant third-party plaintiff-respondent Bernard Janowitz Construction Corp. John P. Humphreys, Melville, N.Y. (David R. Holland of counsel), for defendant third-party plaintiff-respondent WJ Harbor Ridge, LLC.

Lustig Brown, LLP, New York, N.Y. (Thomas J. Moran of counsel), for third-party defendant-respondent JME Fire Sprinkler Corp.

Marshall, Conway Wright, P.C., New York, N.Y. (Sue Soo-ha Yang and Amy S. Weissman of counsel), for third-party defendant-respondent All-Island Cleaning.

Before: Skelos, J.P., Fisher, Covello and Eng, JJ.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiffs' 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 Christopher Ricciardi (hereinafter the plaintiff) was injured when he fell from the seventh rung of an unsecured A-frame ladder while installing a sprinkler system at a construction site. As he tightened an overhead pipe with a wrench, the unsecured ladder began to slide and the front legs lifted off the ground, causing the plaintiff to fall backwards to the ground. Under these circumstances, the plaintiff established his prima facie entitlement to summary judgment on the issue of liability pursuant to Labor Law § 240 (1) ( see Argueta v Pomona Panorama Estates, Ltd., 39 AD3d 785, 786; Rivera v Dafna Constr. Co., Ltd., 27 AD3d 545; Chlap v 43rd St.-Second Ave. Corp., 18 AD3d 598; Granillo v Donna Karen Co., 17 AD3d 531; Loreto v 376 St. Johns Condominium, Inc., 15 AD3d 454, 455; Scotti v Federation Dev. Corp., 289 AD2d 322, 323; Guzman v Gumley-Haft, Inc., 274 AD2d 555, 556; cf. Bland v Manocherian, 66 NY2d 452, 460).

In opposition, the respondents failed to raise a triable issue of fact as to whether the plaintiffs conduct was the sole proximate cause of the accident ( see Argueta v Pomona Panorama Estates, Ltd., 39 AD3d at 786; Chlap v 43rd St.-Second Ave. Corp., 18 AD3d 598; Wallace v Stonehenge Group, 1 AD3d 589, 590; compare Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 291) or as to whether the failure to properly secure the ladder was not a substantial factor leading to the plaintiffs injuries ( see Guzman v Gumley-Haft, Inc., 274 AD2d at 556). Accordingly, the Supreme Court erred in denying the plaintiffs' motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).


Summaries of

Ricciardi v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 624 (N.Y. App. Div. 2008)
Case details for

Ricciardi v. Bernard

Case Details

Full title:CHRISTOPHER RICCIARDI et al., Appellants, v. BERNARD JANOWITZ CONSTRUCTION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 11, 2008

Citations

49 A.D.3d 624 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2132
853 N.Y.S.2d 373

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