ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap

3448. ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap — [AND A THIRD-PARTY ACTION] Gambeski & Frum, Elmsford (Donald L. Frum of counsel), for ap — Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 21, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on his Labor Law §240(1) claim, and denied defendants' cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

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3448. ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap — [AND A THIRD-PARTY ACTION] Gambeski & Frum, Elmsford (Donald L. Frum of counsel), for ap — Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 21, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim, and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

“A plaintiff’s inability to testify exactly as to how an accident occurred does not require dismissal where negligence and causation can be established with circumstantial evidence” (Patrikis v. Arnotis, 129 AD3d 928, 930 [2d Dept 2015]; Angamarca v. New York City Partnership Hous. Dev. Fund Co., Inc., 56 AD3d 264, 264 [1st Dept 2008]). Plaintiff established his entitlement to partial summary judgment on the Labor Law §240(1) claim, despite his admitted inability to remember the specifics of the accident, through the submission of a workers’ compensation report and the statement of defendant Rockmore Contracting Corp.’s owner, both of which established that the accident occurred when the bottom of the ladder from which plaintiff was descending suddenly slipped out from under him, causing him to fall to the ground (see Ortiz v. Burke Ave. Realty, Inc., 126 AD3d 577, 577 [1st Dept 2015]; Nascimento v. Bridgehampton Constr. Corp., 86 AD3d 189, 191 [1st Dept 2011]).

ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap

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