Majority
p. 857Juan Smith et al., Respondents, v Yonkers Contracting Company, Inc., Appellant. [853 NYS2d 906]
The Supreme Court correctly granted the plaintiffs’ motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1). The plaintiffs established their prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate that the defendant failed to provide adequate safety devices and that its violation of Labor Law § 240 (1) was a proximate cause of the injuries incurred (see Felker v Corning Inc., 90 NY2d 219 , 224 [1997]; Tylman v School Constr. Auth., 3 AD3d 488 , 489 [2004]; Ramos v Port Auth. of N.Y. & N.J., 306 AD2d 147 , 148 [2003]; Nephew v
p. 858
Barcomb, 260 AD2d 821 , 823 [1999]; see also Alvarez v Prospect Hosp., 68 NY2d 320 , 324 [1986]). In opposition, the defendant failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d at 324 ; Zuckerman v City of New York, 49 NY2d 557 , 562 [1980]). Fisher, J.P., Miller, McCarthy and Chambers, JJ., concur.
Cases cited
- Felker v. Corning Inc. 90 NY2d 219 at 224 p. 857
- Tylman v. School Construction Authority 3 AD3d 488 at 489 p. 857
- Ramos v. Port Authority 306 AD2d 147 at 148 p. 857
- Nephew v. Barcomb 260 AD2d 821 at 823 p. 858
- Alvarez v. Prospect Hospital 68 NY2d 320 at 324 p. 858
- Zuckerman v. City of New York 49 NY2d 557 at 562 p. 858