| Rieger v 303 E. 37 Owners Corp. |
| 2008 NY Slip Op 02201 [49 AD3d 347] |
| March 13, 2008 |
| Appellate Division, First Department |
| Mike Rieger et al., Respondents, v 303 East 37 OwnersCorp., Appellant. (And a Third-Party Action.) |
—[*1] Pollack, Pollack, Isaac & DeCicco, New York City (Jillian Rosen of counsel), forrespondents.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 14,2007, which granted plaintiff Mike Rieger's motion for partial summary judgment on his LaborLaw § 240 (1) claim, unanimously affirmed, without costs.
Plaintiff was injured when he fell from defendant's unsecured ladder while working atdefendant's premises. As it is undisputed that the ladder buckled and tipped over to one side,propelling plaintiff to the concrete floor below, the motion court properly granted summaryjudgment to plaintiff on the issue of liability under Labor Law § 240 (1) (see Montalvo v J. Petrocelli Constr.,Inc., 8 AD3d 173, 175 [2004]; see also Orellano v 29 E. 37th St. Realty Corp.,292 AD2d 289, 290-291 [2002]).
The evidence fails to support defendant's contention that plaintiff was the sole proximatecause of his injuries (see Hart v TurnerConstr. Co., 30 AD3d 213 [2006]; Orellano at 291). Concur—Lippman,P.J., Andrias, Williams and McGuire, JJ. [See 2007 NY Slip Op 31618(U).]