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SCHEIDT v. TOLL BROS., INC.

70 A.D.3d 669 (2010)

892 N.Y.S.2d 869

WILLIAM SCHEIDT et al., Respondents, v. TOLL BROS., INC., et al., Appellants.

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

Decided February 2, 2010.

Ordered that the order is affirmed, with costs.

The plaintiffs established their prima facie entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) by showing that the plaintiff William Scheidt sustained an injury as a result of the defendants' failure to guard against a gravity-related risk (see Valensisi v Greens at Half Hollow, LLC, 33 A.D.3d 693

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