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BRANDL v. RAM BUILDERS, INC.

7 A.D.3d 655 (2004)

777 N.Y.S.2d 511

GARY BRANDL ET AL., Respondents, v. RAM BUILDERS, INC., Appellant, ET AL., Defendants. (And a Third-Party Action.)

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

May 17, 2004.

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

The injured plaintiff stepped backwards into an unprotected opening in the floor of a home he was renovating and fell from the ground floor to the basement. The plaintiffs established their prima facie entitlement to summary judgment on the issue of liability pursuant to Labor Law § 240 (1) by submitting evidence that the injured plaintiff fell through an uncovered opening, that no safety...

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