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WIENER v. ROSMARIN

282 A.D.2d 449 (2001)

722 N.Y.S.2d 409

GARY WIENER, Appellant, v. JEFRY ROSMARIN, Defendant, and LAURI ROSMARIN-PLATTNER et al., Respondents.

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

Decided April 2, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant made a prima facie showing of his entitlement to summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 240 (1) insofar as asserted against the respondents. In opposition, however, the respondents submitted evidence that the scaffold from which the appellant fell performed its function of supporting him and his

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