| Gilhooly v Dormitory Auth. of State of N.Y. |
| 2008 NY Slip Op 04467 [51 AD3d 719] |
| May 13, 2008 |
| Appellate Division, Second Department |
| Edward Gilhooly, Respondent, v Dormitory Authority ofState of New York et al., Defendants and Third-Party Plaintiffs. Beskin Corp., Third-PartyDefendant-Appellant. |
—[*1] Ferro, Kuba, Mangano, Sklyar, Gacovino & Lake, P.C. (Pollack, Pollack, Isaac & De Cicco,New York, N.Y. [Brian J. Isaac], of counsel), for respondent. Curtis Vasile, Merrick, N.Y. (Roy W. Vasile of counsel), for defendants third-partyplaintiffs.
In an action to recover damages for personal injuries, the third-party defendant appeals fromso much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated May 14, 2007, asgranted the plaintiff's cross motion for summary judgment on the issue of liability on the cause ofaction alleging a violation of Labor Law § 240 (1).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable bythe appellant.
In July 2001 the plaintiff, a journeyman carpenter, was hanging sheetrock as part of theconstruction of a new dormitory building at the State University of New York at Stony Brook.According to his deposition testimony, the plaintiff was standing on a four-foot A-framealuminum ladder fastening a piece of sheetrock, when the ladder inexplicably "kicked out,"causing him to fall and sustain injuries. This testimony, submitted in support of the plaintiff'scross motion for summary judgment on the issue of liability, established his prima facieentitlement to judgment as a matter of law on the cause of action alleging a violation of LaborLaw § 240 (1) (see Hanna v [*2]Gellman, 29 AD3d 953, 953-954 [2006]; Boe v Gammarati, 26 AD3d 351,351-352 [2006]; Chlap v 43rdSt.-Second Ave. Corp., 18 AD3d 598 [2005]; Peter v Nisseli Realty Co., 300AD2d 289, 289-290 [2002]; Scotti v Federation Dev. Corp., 289 AD2d 322, 323 [2001];Guzman v Gumley-Haft, Inc., 274 AD2d 555, 556 [2000]). In opposition, the defendantsand the third-party defendant failed to raise a triable issue of fact as to whether the plaintiff's ownactions were the sole proximate cause of the accident (see Boe v Gammarati, 26 AD3d at352; Chlap v 43rd St.-Second Ave. Corp., 18 AD3d at 598; Peter v Nisseli RealtyCo., 300 AD2d at 290). Consequently, the Supreme Court properly granted the plaintiff'scross motion for summary judgment on the issue of liability on the cause of action alleging aviolation of Labor Law § 240 (1). Fisher, J.P., Miller, Carni and Dickerson, JJ., concur.[See 2007 NY Slip Op 31282(U) (2007).]