Juan M. Maillazhungo, Plaintiff–Appellant, v. Pioneer General Construction Co., L.L.C., Defendant. (2023)

Supreme Court, Appellate Division, First Department, New York.

Jose VELASQUEZ, Plaintiff, Juan M. Maillazhungo, Plaintiff–Appellant, v. 94 E. 208 STREET PARTNERS LLC et al., Defendants–Respondents, Pioneer General Construction Co., L.L.C., Defendant.

745 Decided: October 10, 2023

Manzanet–Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Diamond and Diamond LLC, Brooklyn (Stuart Diamond of counsel), for appellant. Law Offices of Sanjay Chaubey, New York (Sanjay Chaubey of counsel), for 94 E. 208 Street Partners LLC, respondent. Farber Brocks & Zane L.L.P., Garden City (Lester Chanin of counsel), for Linzi Contracting Services, Inc., respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 28, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment as to liability on his Labor Law § 240(1) claim against defendant 94 E. 208 Street Partners LLC, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff Juan M. Maillazhungo established prima facie that defendant violated Labor Law § 240(1) and that the violation proximately caused his injuries, as his uncontroverted affidavit demonstrated that the scaffold supplied to him for the work he was performing lacked guardrails and that no other protective devices were provided to protect him from falling. The motion was not premature as defendants failed to show what discovery was needed or what any additional discovery could be expected to reveal (see CPLR 3212[f]; Laporta v. PPC Commercial, LLC, 204 A.D.3d 538, 165 N.Y.S.3d 283 [1st Dept. 2022]).

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