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—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about January 16, 2002, which upon the grant of reargument, granted plaintiffs’ previously denied motion for partial summary judgment on the issue of liability with respect to their Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Assuming, arguendo, that plaintiffs motion for reargument was in fact a successive summary judgment motion, there was sufficient cause to support the motion court’s decision to entertain the motion since the record demonstrated that plaintiff was, in fact, entitled to summary judgment as to liability on his Labor Law § 240 (1) claim (see Varsity Tr. v Board of Educ. of City of N.Y., 300 AD2d 38 , 39 [2002]; Justus Recycling Corp. v A.F.C. Enters., 290 AD2d 279 [2002]; Freeze Right Refrig. & A.C. Servs. v City of New York, 101 AD2d 175 , 180 [1984]).
Inasmuch as it is undisputed that the ladder which plaintiff was using to descend from his elevated work site collapsed and thus did not protect him from falling, a violation of Labor Law § 240 (1) is established (see Tavarez v Weissman, 297 AD2d 245 , 246 [2002]; Garcia v 1122 E. 180th St. Corp., 250 AD2d 550 [1998]), and defendant building owners are absolutely liable for such violation regardless of whether they controlled or supervised plaintiffs work (see Gordon v Eastern Ry. Supply, 82 NY2d 555 , 559 [1993]). Nor can defendant owners avoid li
Cases cited
- Varsity Transit, Inc. v. Board of Education 300 AD2d 38 at 39 p. 40
- Justus Recycling Corp. v. A.F.C. Enterprises, Inc. 290 AD2d 279 p. 40
- Freeze Right Refrigeration & Air Conditioning Services, Inc. v. City of New York 101 AD2d 175 at 180 p. 40
- Tavarez v. Weissman 297 AD2d 245 at 246 p. 40
- Gordon v. Eastern Railway Supply, Inc. 82 NY2d 555 at 559 p. 40
- Rocovich v. Consolidated Edison Co. 78 NY2d 509 at 513 p. 41