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SINGH v. FONTAINE

247 A.D.2d 604 (1998)

669 N.Y.S.2d 231

Paramjit Singh, Appellant, v. Richard Fontaine, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1998

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

In moving for partial summary judgment, the plaintiff submitted evidence indicating that he was working on a scaffold suspended by ropes from a rooftop when one of the ropes broke, causing him to fall to the ground below. The plaintiff's evidence was sufficient to establish prima facie a violation of Labor Law § 240 (1) (see, Gordon v Eastern Ry. Supply,

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