Fletcher v. Brookfield Properties

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 15, 2016, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established his entitlement to partial summary judgment on his Labor Law § 240 (1) claim through witnesses’ testimony that the ladder from which he was descending suddenly kicked out to the left, resulting in his fall (see Fanning v Rockefeller Univ., 106…