Nechifor v. RH Atlantic-Pacific LLC

Plaintiff fell approximately 12 feet as he attempted to descend from the top of a scaffold by climbing down the side frame of the scaffold. Plaintiff made a prima facie showing of defendants’ liability under section 240 (1) by showing that defendants failed to provide the ladder that was supposed to be attached to the scaffold, and that such failure was a proximate cause of the accident (see Auriemma v Biltmore Theatre, LLC, 82 AD3d 1, 9-10 [2011]).

In opposition, defendants failed to raise a triable issue of fact as to whether plaintiffs own acts or omissions constituted the sole proximate…