JERZY NACEWICZ, Plaintiff-Appellant-res, v. THE ROMAN CATHOLIC CHURCH OF THE HOLY CROSS, Defendant-res-res

9219. JERZY NACEWICZ, Plaintiff-Appellant-res, v. THE ROMAN CATHOLIC CHURCH OF THE HOLY CROSS, Defendant-res-res — Block O'Toole & Murphy, LLP, New York (David L. Scher of counsel), for appellant-res — Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Steven DiSiervi of counsel), for res-res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 23, 2012, which denied plaintiff's motion for summary judgment on the issue of liability under Labor Law §240(1) and defendant's cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant plaintiff's motion, and otherwise affirmed, without costs.

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9219. JERZY NACEWICZ, Plaintiff-Appellant-res, v. THE ROMAN CATHOLIC CHURCH OF THE HOLY CROSS, Defendant-res-res — Block O’Toole & Murphy, LLP, New York (David L. Scher of counsel), for appellant-res — Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Steven DiSiervi of counsel), for res-res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 23, 2012, which denied plaintiff’s motion for summary judgment on the issue of liability under Labor Law §240(1) and defendant’s cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant plaintiff’s motion, and otherwise affirmed, without costs.

Vlad Restoration, Ltd. was hired by defendant to perform a complete renovation of defendant’s church. Plaintiff, a bricklayer’s assistant employed by Vlad Restoration, was performing brickwork on the exterior of the church as part of the renovation. The “sidewalk bridge,” or first tier, of a four-tiered exterior scaffold was accessible from the ground via a number of secured extension ladders. Plaintiff was working on the ground level when the bricklayer told him to ask Zenon Bogucki, who was acting as substitute foreman for the day, a question. Plaintiff ascended to the sidewalk bridge using one of the properly secured ladders. When Bogucki still could not hear plaintiff from the sidewalk bridge, plaintiff began ascending a second extension ladder that was not properly secured. The ladder slid, causing plaintiff to fall to the sidewalk bridge approximately 10 feet below.

JERZY NACEWICZ, Plaintiff-Appellant-res, v. THE ROMAN CATHOLIC CHURCH OF THE HOLY CROSS, Defendant-res-res

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