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HOBBS v. MTA CAPITAL CONSTR.

155382/15-605 6044.

159 A.D.3d 544 (2018)

72 N.Y.S.3d 79

2018 NY Slip Op 01884

JOSEPH HOBBS et al., Appellants, v. MTA CAPITAL CONSTRUCTION et al., Respondents.

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

Decided March 20, 2018.

Plaintiffs established entitlement to judgment as a matter of law on the issue of liability on the section 240 (1) claim. The injured plaintiff testified that he fell from a fixed, job-made access ladder when the edge of the rung on which he was stepping suddenly splintered and he fell (see Lizama v 1801 Univ. Assoc., LLC, 100 A.D.3d 497 [1st Dept 2012]; Stallone v Plaza Constr. Corp., 95 A.D.3d 633

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