LAJQI v. Turner Construction Company, Defendant. (2005)

Order, Supreme Court, Bronx County (Mary Ann Briganti-Hughes, J.), entered February 3, 2005, which granted plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240(1), unanimously affirmed, with costs.

 Labor Law § 240(1) imposes a nondelegable duty upon the owner and contractor to provide proper and adequate safety devices to protect workers at an elevation from falling (Vergara v. SS 133 W. 21 LLC, 21 A.D.3d 279, 280, 800 N.Y.S.2d 134 [2005] ).   Plaintiffs demonstrated that Shpend Lajqi was not provided with any protection for the work he was performing at the construction site, and defendants' failure to provide proper safety devices was a proximate cause of the fall.   Even if plaintiff's medical condition may have caused him to faint or become dizzy, it was not the sole proximate cause of the accident such as would absolve defendants (Samuel v. Simone Dev. Co., 13 A.D.3d 112, 786 N.Y.S.2d 163 [2004];  cf. Munford v. Pressmad Corp., 277 A.D.2d 135, 716 N.Y.S.2d 303 [2000] ).