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VEGA v. ROTNER MANAGEMENT CORP.

40 A.D.3d 473 (2007)

836 N.Y.S.2d 182

RICARDO VEGA, Respondent-Appellant, v. ROTNER MANAGEMENT CORP. et al., Appellants-Respondents.

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

Decided May 24, 2007.

With respect to the section 240 (1) claim, plaintiff satisfied his prima facie burden on the motion with his testimony that he fell to the ground when the unsecured 8-to-10-foot ladder on which he was standing shifted (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 289 n 8 [2003]). It does not avail defendants to argue that the manner in which plaintiff set up and stood...

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