De Carlo v. Clyde Bergemann US, Inc.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he fell from a ladder. Supreme Court properly denied plaintiffs motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim. “A worker injured by a fall from an elevated worksite must . . . generally prove that the absence of or defect in a safety device was the proximate cause of his or her injuries” (Felker v Corning Inc., *129190 NY2d 219, 224 [1997]). Here, while plaintiff submitted evidence in support of his motion establishing…