MATOS v. GARDEN STATE BRICK FACE OF MIDDLE VILLAGE, INC.


272 A.D.2d 70 (2000)

707 N.Y.S.2d 169

JESSE MATOS et al., Respondents, v. GARDEN STATE BRICK FACE OF MIDDLE VILLAGE, INC., et al., Defendants, and 79TH REALTY CO., Appellant. (And Other Actions.)

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

Decided May 4, 2000.


Plaintiff, a carpenter, sustained injuries when he fell from 3-to-5-foot stilts while finishing a ceiling. Since the accident was plainly attributable to the failure to afford plaintiff proper safety equipment, i.e., a ladder or scaffold, for the performance of the ceiling work, the motion court correctly held that plaintiff was entitled to summary judgment as to liability upon his Labor Law § 240 (1) claim (see, Rocovich v Consolidated Edison Co.,

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