SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 20, 2009
NORTHWEST AUTO MALL AND FRANK SANTONASTASO, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered November 10, 2008 in a personal injury action. The order, insofar as appealed from, denied in part defendants' motion for summary judgment and granted plaintiff's cross motion for partial summary judgment.
PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, PERADOTTO, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he fell from a ladder while installing a security system in a building owned by defendants. We conclude that Supreme Court properly granted plaintiff's cross motion seeking partial summary judgment on liability with respect to the Labor Law § 240 (1) cause of action. Contrary to defendants' contention, plaintiff was engaged in "altering" a building within the meaning of Labor Law § 240 (1) at the time of the accident (see e.g. Enge v Ontario County Airport Mgt. Co., LLC, 26 AD3d 896). Further, "[t]o be held liable pursuant to section 240 (1), 'the owner or contractor must breach the statutory duty . . . to provide a worker with adequate safety devices, and [that] breach must proximately cause the worker's injuries' " (Lovall v Graves Bros., Inc., 63 AD3d 1528, 1529, quoting Robinson v East Med. Ctr., LP, 6 NY3d 550, 554). Here, plaintiff established that defendants violated Labor Law § 240 (1) by furnishing him with a defective ladder, and he established that the violation was a proximate cause of his fall and resulting injuries. Defendants failed to raise a triable issue of fact to defeat the cross motion (see generally Zuckerman v City of New York, 49 NY2d 557, 562).
We have considered the remaining contentions of defendants and conclude that they are without merit.
Patricia L. Morgan Clerk of the Court
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