Marquez v Trustees of Columbia Univ. in the City of N.Y.

Marquez v Trustees of Columbia Univ. in the City of N.Y. 2012 NY Slip Op 03748 Decided on May 10, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 10, 2012
Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam, Román, JJ.
7625 104744/09

[*1]Teodoro F. Marquez, Plaintiff-Respondent,

v

The Trustees of Columbia University in the City of New York, Defendant-Appellant.




Conway, Farrell, Curtin & Kelly P.C., New York (Jonathan T.
Uejio of counsel), for appellant.
Gorayeb & Associates, P.C., New York (John M. Shaw of
counsel), for respondent.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered December 12, 2011, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240(1), and denied defendant's cross motion for summary judgment dismissing the § 240(1) claim, unanimously affirmed, without costs.

Plaintiff established his entitlement to judgment as a matter of law. Plaintiff submitted, inter alia, his deposition testimony and his affidavit showing that he was working on an A-frame ladder plastering a ceiling when the ladder became unstable and tipped, causing him to fall to the floor (see Siegel v RRG Fort Greene, Inc., 68 AD3d 675 [2009]; Orellano v 29 E. 37th Realty Corp., 292 AD2d 289 [2002]). In opposition, defendant failed to raise a triable issue of fact.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 10, 2012

CLERK