ROBERT GOVE, plf-res, v. PAVARINI MCGOVERN, LLC def-ap

10877. ROBERT GOVE, plf-res, v. PAVARINI MCGOVERN, LLC def-ap — McGaw, Alventosa & Zajac, Jericho (Ross P. Masler of counsel), for ap — O'Dwyer & Bernstien, LLP, New York (Steven Aripotch of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 20, 2012, which granted plaintiff's motion for partial summary judgment on his Labor Law §240(1) claim, unanimously affirmed, without costs.

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10877. ROBERT GOVE, plf-res, v. PAVARINI MCGOVERN, LLC def-ap — McGaw, Alventosa & Zajac, Jericho (Ross P. Masler of counsel), for ap — O’Dwyer & Bernstien, LLP, New York (Steven Aripotch of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 20, 2012, which granted plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim, unanimously affirmed, without costs.

Plaintiff testified that he was injured when a bundle of rebar that his coworker was lowering by rope fell and hit him. As plaintiff struggled to keep himself and the bundle from falling off his unguarded platform onto several workers on the level below him, his foot hit an unknown item on the platform, causing him to twist his back. This evidence establishes prima facie that plaintiff’s injuries were proximately caused, at least in part, by defendants’ failure to provide him with proper protection as required by Labor Law §240(1) (see Runner v. New York Stock Exch., Inc., 13 NY3d 599, 603 [2009]). Defendants failed to raise an issue of fact by pointing to an alleged discrepancy between plaintiff’s testimony and his handwritten statement on a form seeking medical treatment. The statement on the medical form does not conflict with the testimony establishing that “plaintiff’s injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential” (id.; see McCay v. J.A. Jones-GMO, LLC, 74 AD3d 615 [1st Dept 2010]; see also Susko v. 337 Greenwich LLC, 103 AD3d 434 [1st Dept 2013]). Even if plaintiff’s injuries resulted in part from tripping or slipping on an object on the platform, the uncontroverted evidence demonstrates that these injuries resulted directly from the elevation-related risks that required plaintiff to struggle with the bundle of rebar (see Skow v. Jones, Lang & Wooton Corp., 240 AD2d 194, 195 [1st Dept 1997], lv denied 94 NY2d 758 [1999]).

ROBERT GOVE, plf-res, v. PAVARINI MCGOVERN, LLC def-ap

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