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CELAJ v. CORNELL

2307, 309652/11.

144 A.D.3d 590 (2016)

2016 NY Slip Op 07996

42 N.Y.S.3d 25

VETON CELAJ, Respondent, v. HENRY CORNELL, Defendant, and SMI CONSTRUCTION MANAGEMENT, INC., Appellant.

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

Decided November 29, 2016.

Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on the Labor Law § 240 (1) claim by presenting undisputed evidence that he "fell off a scaffold without guardrails that would have prevented his fall" (Crespo v Triad, Inc., 294 A.D.2d 145, 146 [1st Dept 2002]; accord Vergara v SS 133 W. 21, LLC, 21 A.D.3d 279 [1st Dept 2005]). Plaintiff's alleged "failure...

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