Joseph Felix, appellant, v. 20 LLC (2011)

Argued—October 6, 2011

DECISION & ORDER

In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated June 28, 2010, which denied his motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1).

ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1) is granted.

The plaintiff allegedly was injured when he fell from a scaffold, which was on wheels, while performing pipefitting work.   He established, prima facie, that the defendants were subject to liability under Labor Law § 240(1) based on his deposition testimony that a wheel of the scaffold on which he was working slipped into a hole, causing him to fall (see Caballero v. Benjamin Beechwood, LLC, 67 AD3d 849, 852).

In opposition, the defendants failed to raise a triable issue of fact (cf.   Wiener v. Rosmarin, 282 A.D.2d 449, 450).

Accordingly, the Supreme Court should have granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240(1).

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court