Danilo Veliz Escudero v. Belmont Ave 2321 LLC et al.

Summary

The Appellate Division, First Department reversed the denial of plaintiff's motion for summary judgment on liability under Labor Law § 240(1) and granted the motion. The court held that plaintiff established that an A-frame ladder moved while he was working at the ceiling, and that defendants failed to raise a triable issue regarding sole proximate cause because their expert's contrary opinion was speculative.

Holdings

1. Plaintiff established prima facie entitlement to summary judgment on liability because his unrebutted testimony showed that the A-frame ladder moved and tipped while he was using it to reach the ceiling.
2. Defendants failed to raise a triable issue of fact as to whether plaintiff was the sole proximate cause of his accident.

Questions Presented

1. Whether plaintiff established prima facie entitlement to summary judgment on liability under Labor Law § 240(1) based on his unrebutted testimony that the ladder moved and tipped while he was performing work at an elevated height.
2. Whether defendants raised a triable issue of fact that plaintiff was the sole proximate cause of the accident.

Disposition

reversed