| Gomez v 2355 Eighth Ave., LLC |
| 2007 NY Slip Op 09498 [45 AD3d 493] |
| November 29, 2007 |
| Appellate Division, First Department |
| Orsines Gomez, Respondent, v 2355 Eighth Avenue, LLC,Appellant. |
—[*1] Friedman, Friedman, Chiaravalloti & Giannini, New York City (A. Joseph Giannini ofcounsel), for respondent.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about July 10,2006, which, to the extent appealed from as limited by the briefs, granted plaintiff's cross motionfor summary judgment on the issue of liability on his Labor Law § 240 (1) claim,unanimously affirmed, without costs.
Plaintiff was injured when a temporary platform of plywood pieces laid across floor beamsgave way under his weight, dropping him between the beams to shoulder level, with his feetdangling in the air above the basement floor. His uncontroverted deposition testimonyestablished defendant's liability for providing an unsafe, elevated device within the meaning ofsection 240 (1) (see Campisi v Epos Contr. Corp., 299 AD2d 4 [2002]; Becerra v Cityof New York, 261 AD2d 188 [1999]). The fact that the job site supervisor, who did notwitness the accident, did not see the hazardous condition after the accident does not warrantdenial of the cross motion. Concur—Lippman, P.J., Nardelli, Buckley, Gonzalez andSweeny, JJ.