KENNETH VAIL, plf-res, v. 1333 BROADWAY ASSOCIATES, L.L.C. defap, TRIDENT CONTRACTING CORP. def

9878. KENNETH VAIL, plf-res, v. 1333 BROADWAY ASSOCIATES, L.L.C. defap, TRIDENT CONTRACTING CORP. def — 1333 BROADWAY ASSOCIATES, L.L.C. Third-Party plf-ap, v. SHERRY HILL PAINTING CORPORATION, Third-Party def-res — McGaw, Alventosa & Zajac, Jericho (Dawn C. DeSimone of counsel), for ap — Hogan & Cassell, LLP, Jericho (Michael Cassell of counsel), for Kenneth Vail, res — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Sherry Hill Painting Corporation, res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 14, 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) claim, and granted the motion of third-party defendant Sherry Hill Painting Corporation (Sherry Hill) for summary judgment dismissing the third-party contractual indemnification claim, unanimously affirmed, without costs.

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9878. KENNETH VAIL, plf-res, v. 1333 BROADWAY ASSOCIATES, L.L.C. defap, TRIDENT CONTRACTING CORP. def — 1333 BROADWAY ASSOCIATES, L.L.C. Third-Party plf-ap, v. SHERRY HILL PAINTING CORPORATION, Third-Party def-res — McGaw, Alventosa & Zajac, Jericho (Dawn C. DeSimone of counsel), for ap — Hogan & Cassell, LLP, Jericho (Michael Cassell of counsel), for Kenneth Vail, res — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Sherry Hill Painting Corporation, res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 14, 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) claim, and granted the motion of third-party defendant Sherry Hill Painting Corporation (Sherry Hill) for summary judgment dismissing the third-party contractual indemnification claim, unanimously affirmed, without costs.

Plaintiff was injured when he fell after the six-foot baker’s scaffold upon which he was working shifted, despite the fact that he had locked the wheels; it is undisputed that the scaffold lacked guardrails. Such evidence establishes that plaintiff’s injuries were proximately caused by defendants’ failure to provide proper protection against the elevation-related risk (see Zengotita v. JFK Intl. Air Term., LLC, 67 AD3d 426 [1st Dept 2009]; Vergara v. SS 133 W. 21, LLC, 21 AD3d 279 [1st Dept 2005]).

KENNETH VAIL, plf-res, v. 1333 BROADWAY ASSOCIATES, L.L.C. defap, TRIDENT CONTRACTING CORP. def

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