Diaz v. 5-01-5-17 48th Avenue

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), entered February 21, 2013, which denied his motion for summary judgment on the issue of liability on the cause of the action alleging a violation of Labor Law § 240 (1).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) is granted.

*662The Supreme Court erred in denying the plaintiffs motion for summary judgment on…