BECKFORD v. (and a third-party action). (2001)

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, Kings County (Barasch, J.), dated September 28, 2000, as denied their motion for partial summary judgment on the issue of liability under Labor Law §§ 240(1) and 241(6).

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion is granted.

 The plaintiffs presented evidence that the accident was the result of a ladder breaking and collapsing, thereby establishing a prima facie case under Labor Law § 240(1) (see, Ross v. Curtis Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 601 N.Y.S.2d 49, 618 N.E.2d 82;  Sapione v. Board of Educ., Mamaroneck UFSD, 259 A.D.2d 479, 686 N.Y.S.2d 96).   The opposition papers did not raise any triable issue of fact (see, Figueroa v. Manhattanville Coll., 193 A.D.2d 778, 598 N.Y.S.2d 77).   Additionally, the plaintiffs established a prima facie case under Labor Law § 241(6) by presenting uncontroverted evidence that the defendants violated Industrial Code § 23-1.21(b)(1) and that this violation was the proximate cause of the injured plaintiff's accident (see, Rizzuto v Wenger Contr. Co., 91 N.Y.2d 343, 670 N.Y.S.2d 816, 693 N.E.2d 1068;  cf., Boho v. City of New York, 266 A.D.2d 173, 697 N.Y.S.2d 331).   The opposition papers also did not raise any triable issue of fact as to that Labor Law section.   Therefore, the plaintiffs' motion for partial summary judgment on the issue of liability should have been granted.