Nunez v City of New York

2010 NY Slip Op 00237 [69 AD3d 696]

January 12, 2010

Appellate Division, Second Department

As corrected through Wednesday, March 10, 2010

George Nunez et al., Respondents, v City of New York,Appellant.

—[*1]Wallace D. Gossett, Brooklyn, N.Y. (Lawrence A. Silver and Lawrence Heisler ofcounsel), for appellant. Lawrence Perry Biondi, Garden City, N.Y. (Lisa M. Comeau of counsel),for respondents.

In an action to recover damages for personal injuries, etc., the defendant appeals from anorder of the Supreme Court, Kings County (Miller, J.), dated June 16, 2008, which granted theplaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240(1).

Ordered that the order is affirmed, with costs.

In opposition to the plaintiffs' prima facie showing of entitlement to judgment as a matter oflaw (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of NewYork, 49 NY2d 557 [1980]), the defendant failed to raise a triable issue of fact as to whetherthe injured plaintiff's own actions were the sole proximate cause of the accident (see Blake v Neighborhood Hous. Servs. ofN.Y. City, 1 NY3d 280, 290-291 [2003]; Rico-Castro v Do & Co N.Y. Catering, Inc., 60 AD3d 749, 750[2009]; Santo v Scro, 43 AD3d897, 898-899 [2007]; Pichardo vAurora Contrs., Inc., 29 AD3d 879, 881 [2006]). Accordingly, the Supreme Courtproperly granted the plaintiffs' motion for summary judgment on the issue of liability underLabor Law § 240 (1). Covello, J.P., Santucci, Chambers and Hall, JJ., concur. [PriorCase History: 20 Misc 3d 1103(A), 2008 NY Slip Op 51201(U).]