The following numbered papers were used on this motion1: NYSCEF Doc No. 1: Summons & Complaint NYSCEF Doc No. 224: Notice of Motion NYSCEF Doc No. 225: Statement of Material Facts NYSCEF Doc No. 226: Affirmation in Support of Motion NYSCEF Doc No. 227: Memorandum of Law in Support NYSCEF Doc No. 228: Amended Complaint NYSCEF Doc No. 230: Bill of Particulars NYSCEF Doc No. 233: Plaintiff’s Response to Discovery Demands NYSCEF Doc No. 234: Exhibit G — Decedent’s Affidavit NYSCEF Doc No. 240: Exhibit M — Dr. Hedayatnia Affidavit NYSCEF Doc No. 246: Exhibit S — Plaintiff’s EBT Transcript NYSCEF Doc No. 247: Exhibit T — MJM Assoc. Constr., Inc.’s EBT Transcript NYSCEF Doc No. 248: Exhibit U — MJM Assoc. Constr., Inc.’s EBT Exhibits NYSCEF Doc No. 249: Exhibit v. — Hanaa Ramzy’s EBT Transcript NYSCEF Doc No. 250: Exhibit W — Expert Disclosure with Cover Email to Plaintiff’s Firm NYSCEF Doc No. 261: Affirmation in Opposition to Motion NYSCEF Doc No. 262: Response to Statement of Material Facts NYSCEF Doc No. 269: Memorandum of Law in Opposition NYSCEF Doc No. 272: Transcript of Oct. 13, 2023 Argument DECISION AND ORDER Background The instant action alleges causes of action premised upon Labor Law §§240, 241, and 200, and common law negligence. Fayez Ramzy (“Decedent” or “Plaintiff’s decedent”) was working at a welding job under the employment of Greg’s Iron Works, Inc. (“Greg’s”) at a project located at 10 Jay Street, Brooklyn, New York. On June 14, 2016, he signed an orientation form acknowledging that “all ‘hot’ welding work being performed ‘at height’ shall be done from a ‘stable work platform (i.e. scaffold or aerial lift) and not a ladder’ ” (NYSCEF Doc No. 225, Statement of Material Facts 2; see NYSCEF Doc No. 248, Defendant MJM Assoc. Constr., Inc.’s EBT Exhibits at 1272; NYSCEF Doc No. 262, Response to Statement of Material Facts 1). Nine days later, on June 23, 2016, while still working for Greg’s on the project, Plaintiff’s decedent used a 12-foot unsecured A-frame ladder to weld a column on the 7th floor (see NYSCEF Doc No. 234, Decedent’s Aff
