Teska v. Camperlino & Fatti Builders, Inc.

Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the issue of defendant’s liability under Labor Law § 240 (1). Plaintiff sustained injuries while performing construction work at an elevated height. The accident was witnessed by Adrian Colonnesse, whose affidavit was submitted in opposition to plaintiff’s motion. Colonnesse’s averments fail to refute, or even address, plaintiff’s showing that the extension ladder on which he was standing "gave way and…