Justice Saliann Scarpulla
Fanning sought to recover damages for personal injuries sustained when he fell from a ladder. He moved for partial summary judgment on liability under Labor Law §240(1). Fanning’s co-worker, Tobin, saw the ladder suddenly move in one direction and throw Fanning in the other direction. Defendants, premises owner Rockefeller University and general contractor Turner Construction, argued the §240(1) claim failed as there was no evidence the ladder was defective, contending Fanning testified at his deposition that he lost his balance. The court stated Fanning made a prima facie showing of entitlement to summary judgment on his §240(1) claim, finding Fanning’s testimony that the ladder twisted and threw him constituted a prima facie violation of §240(1) regardless of whether there was evidence the ladder was defective. It noted each time Fanning stated he lost his balance as a result of the ladder twisting, the defendants failed to present evidence rebutting his testimony. Also, defendants’ contention that Fanning may have fallen because the ladder was too short for the work he was doing was speculative and insufficient to raise a triable issue. Thus, Fanning’s motion was granted.
