Kirkpatrick v. Diversified Sports, Inc.

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on Labor Law § 240 (1) liability. Plaintiffs established that Timothy A. Kirkpatrick (plaintiff) was injured when he fell from a ladder placed on top of scaffolding while painting the basketball court at the Sundown Fitness Club and that defendants violated their duty under Labor Law § 240 "to provide adequate safety devices and ensure that they were properly placed and operated to protect plaintiff” (Spike v Hollands’ Lbr. Co., 198…