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LUIS DE OLEO, plf-res, v. CHARIS CHRISTIAN MINISTRIES, INC. def-ap

10073. LUIS DE OLEO, plf-res, v. CHARIS CHRISTIAN MINISTRIES, INC. def-ap — [AND A THIRD-PARTY ACTION] Olukayode Babalola, Bronx, for ap — Jacob Oresky & Associates, PLLC, Bronx (Rhonda Katz of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 20, 2012, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment as to liability on his Labor Law §240(1) claim, unanimously affirmed, without costs.

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10073. LUIS DE OLEO, plf-res, v. CHARIS CHRISTIAN MINISTRIES, INC. def-ap — [AND A THIRD-PARTY ACTION] Olukayode Babalola, Bronx, for ap — Jacob Oresky & Associates, PLLC, Bronx (Rhonda Katz of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 20, 2012, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment as to liability on his Labor Law §240(1) claim, unanimously affirmed, without costs.

Plaintiff laborer’s lone witness account, given at his deposition, regarding how he fell from the roof of a church owned and/or occupied by defendants while painting a protective sealant on the roof, was consistent and sufficient to establish his prima facie entitlement to partial summary judgment on his §240(1) claim (see Rodriguez v. 3251 Third Ave. LLC, 80 AD3d 434 [1st Dept 2011]; Perrone v. Tishman Speyer Props., L.P., 13 AD3d 146 [1st Dept 2004]).

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