ROMAN ESTRELLA, plf-res, v. GIT INDUSTRIES, INC. def, BROADWAY 69, LLC, def-ap, BROADWAY WOMEN'S WEAR, INC. def

9811. ROMAN ESTRELLA, plf-res, v. GIT INDUSTRIES, INC. def, BROADWAY 69, LLC, def-ap, BROADWAY WOMEN'S WEAR, INC. def — BROADWAY 69, LLC, Third-Party plf-ap, v. BROADWAY WOMEN'S WEAR, INC. Third-Party def-res — Lester Schwab Katz & Dwyer, LLP, New York (Harry Steinberg of counsel), for ap — Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for Roman Estrella, res — Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered June 11, 2012, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law §240(1) cause of action, and denied defendant Broadway 69, LLC's (Broadway) motion for summary judgment dismissing the Labor Law §241(6) and §200 and common-law negligence causes of action, unanimously modified, on the law, to the extent of dismissing the Labor Law §200 and common-law negligence claims as against Broadway, and otherwise affirmed, without costs.

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9811. ROMAN ESTRELLA, plf-res, v. GIT INDUSTRIES, INC. def, BROADWAY 69, LLC, def-ap, BROADWAY WOMEN’S WEAR, INC. def — BROADWAY 69, LLC, Third-Party plf-ap, v. BROADWAY WOMEN’S WEAR, INC. Third-Party def-res — Lester Schwab Katz & Dwyer, LLP, New York (Harry Steinberg of counsel), for ap — Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for Roman Estrella, res — Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered June 11, 2012, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law §240(1) cause of action, and denied defendant Broadway 69, LLC’s (Broadway) motion for summary judgment dismissing the Labor Law §241(6) and §200 and common-law negligence causes of action, unanimously modified, on the law, to the extent of dismissing the Labor Law §200 and common-law negligence claims as against Broadway, and otherwise affirmed, without costs.

Partial summary judgment on the issue of liability on the Labor Law §240(1) claim was properly granted in plaintiff’s favor. The record shows that while performing repairs to a ceiling, plaintiff fell when the unsecured ladder on which he was working suddenly moved (see Hamill v. Mutual of Am. Inv. Corp., 79 AD3d 478 [1st Dept 2010]). Plaintiff was not required to show that the ladder was defective (see Siegel v. RRG Fort Greene, Inc., 68 AD3d 675 [1st Dept 2009]; Orellano v. 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291 [1st Dept 2002]), and Broadway failed to raise a triable issue as to whether plaintiff’s actions were the sole proximate cause of the accident.

ROMAN ESTRELLA, plf-res, v. GIT INDUSTRIES, INC. def, BROADWAY 69, LLC, def-ap, BROADWAY WOMEN'S WEAR, INC. def

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