RICCIARDI v. JME (2008)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered December 5, 2006, as denied their motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).

ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiffs' motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) is granted.

The plaintiff Christopher Ricciardi (hereinafter the plaintiff) was injured when he fell from the seventh rung of an unsecured A-frame ladder while installing a sprinkler system at a construction site.   As he tightened an overhead pipe with a wrench, the unsecured ladder began to slide and the front legs lifted off the ground, causing the plaintiff to fall backwards to the ground.   Under these circumstances, the plaintiff established his prima facie entitlement to summary judgment on the issue of liability pursuant to Labor Law § 240(1) (see Argueta v. Pomona Panorama Estates, Ltd., 39 A.D.3d 785, 786, 835 N.Y.S.2d 358;  Rivera v. Dafna Constr. Co., Ltd., 27 A.D.3d 545, 813 N.Y.S.2d 109;  Chlap v. 43rd St.-Second Ave. Corp., 18 A.D.3d 598, 795 N.Y.S.2d 617;  Granillo v. Donna Karen Co., 17 A.D.3d 531, 793 N.Y.S.2d 465;  Loreto v. 376 St. Johns Condominium, Inc., 15 A.D.3d 454, 455, 790 N.Y.S.2d 190;  Scotti v. Federation Dev. Corp., 289 A.D.2d 322, 323, 734 N.Y.S.2d 573;  Guzman v. Gumley-Haft, Inc., 274 A.D.2d 555, 556, 712 N.Y.S.2d 45;  cf. Bland v. Manocherian, 66 N.Y.2d 452, 460, 497 N.Y.S.2d 880, 488 N.E.2d 810).

In opposition, the respondents failed to raise a triable issue of fact as to whether the plaintiff's conduct was the sole proximate cause of the accident (see Argueta v. Pomona Panorama Estates, Ltd., 39 A.D.3d at 786, 835 N.Y.S.2d 358;  Chlap v. 43rd St.-Second Ave. Corp., 18 A.D.3d 598, 795 N.Y.S.2d 617;  Wallace v. Stonehenge Group, 1 A.D.3d 589, 590, 767 N.Y.S.2d 450;  compare Blake v. Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 291, 771 N.Y.S.2d 484, 803 N.E.2d 757) or as to whether the failure to properly secure the ladder was not a substantial factor leading to the plaintiff's injuries (see Guzman v. Gumley-Haft, Inc., 274 A.D.2d at 556, 712 N.Y.S.2d 45).   Accordingly, the Supreme Court erred in denying the plaintiffs' motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).