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DANIEL FANNING, plf-res, v. THE ROCKEFELLER UNIVERSITY def-ap

10053. DANIEL FANNING, plf-res, v. THE ROCKEFELLER UNIVERSITY def-ap — Cornell Grace, P.C., New York (Keith D. Grace of counsel), for ap — Hogan & Cassell, LLP, Jericho (Michael Cassell of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 13, 2012, which granted plaintiff's motion for summary judgment on the issue of liability under Labor Law §240(1), and denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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10053. DANIEL FANNING, plf-res, v. THE ROCKEFELLER UNIVERSITY def-ap — Cornell Grace, P.C., New York (Keith D. Grace of counsel), for ap — Hogan & Cassell, LLP, Jericho (Michael Cassell of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 13, 2012, which granted plaintiff’s motion for summary judgment on the issue of liability under Labor Law §240(1), and denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim was properly granted. Plaintiff established prima facie entitlement to judgment as a matter of law through testimony that when the unsecured ladder on which he was working suddenly moved, he fell, causing him to sustain injury (see Betancur v. Lincoln Ctr. for the Performing Arts, Inc., 101 AD3d 429 [1st Dept 2012]; Krejbich v. Schimenti Constr. Co., Inc., 94 AD3d 668 [1st Dept 2012]). He was not required to present further evidence that the ladder was defective (see Orellano v. 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291 [1st Dept 2002]).

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