89 A.D.3d 895 932 N.Y.S.2d 719

Joseph Felix, Appellant, v Independence Savings Bank et al., Defendants, and 20 Bayard Views, LLC, et al., Respondents. (And a Third-Party Action.)

[932 NYS2d 719]

The plaintiff allegedly was injured when he fell from a scaffold, which was on wheels, while performing pipefitting work. He established, prima facie, that the defendants were subject to liability under Labor Law § 240 (1) based on his deposition testimony that a wheel of the scaffold on which he was working slipped into a hole, causing him to fall (see Caballero v Benjamin Beechwood, LLC, 67 AD3d 849, 852 [2009]).

*896In opposition, the defendants failed to raise a triable issue of fact (cf. Wiener v Rosmarin, 282 AD2d 449, 450 [2001]).

Accordingly, the Supreme Court should have granted the plaintiffs motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240 (1). Angiolillo, J.E, Leventhal, Austin and Roman, JJ., concur.

Felix v. Independence Savings Bank
89 A.D.3d 895 932 N.Y.S.2d 719

Case Details

Name
Felix v. Independence Savings Bank
Decision Date
Nov 15, 2011
Citations

89 A.D.3d 895

932 N.Y.S.2d 719

Jurisdiction
New York

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