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MORALES v. 2400 RYER AVE. REALTY, LLC

22938/15E. Appeal No. 12976. Case No. 2020-03472.

190 A.D.3d 647 (2021)

136 N.Y.S.3d 881

2021 NY Slip Op 00498

Jose Luis Morales, Appellant, v. 2400 Ryer Avenue Realty, LLC, et al., Respondents, et al., Defendant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( D. Allen Zachary of counsel), for appellant.

Garbarini & Scher, P.C., New York ( Thomas M. Cooper of counsel), for respondents.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

The evidence that the ladder on which plaintiff was standing at the time of his accident slipped out from under him, causing him to fall, was sufficient to establish his prima facie entitlement to summary judgment under Labor Law § 240(1) (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 289 n 8 [2003]; Salinas v 64 Jefferson Apts., LLC, 170 A.D.3d 1216, 1222 [2d Dept 2019]; Rom v Eurostruct, Inc....

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