PATTERSON v. KUMMAR DEVELOPMENT CORPORATION HBE (2000)

Supreme Court properly denied defendants' cross motion for partial summary judgment dismissing the Labor Law § 240(1) claim but erred in denying plaintiffs' motion for partial summary judgment on that claim.   Plaintiffs established that James Patterson (plaintiff) fell from an elevated surface due to the absence of any safety devices (see generally, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 513, 577 N.Y.S.2d 219, 583 N.E.2d 932), and defendants failed to raise a triable issue of fact.   Defendants submitted no evidence to support their contention that the actions of plaintiff were “the sole proximate cause of his injuries” (Weininger v. Hagedorn & Co., 91 N.Y.2d 958, 960, 672 N.Y.S.2d 840, 695 N.E.2d 709, rearg. denied 92 N.Y.2d 875, 677 N.Y.S.2d 777, 700 N.E.2d 317).   We thus modify the order by granting plaintiffs' motion.

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM: