Velasco v. Green-Wood Cemetery

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), *272entered November 14, 2006, which granted defendants’ motion for summary judgment dismissing plaintiff’s claim for future lost earnings, unanimously affirmed, without costs.

Plaintiff, who was previously granted summary judgment on the issue of defendants site owners’ liability under Labor Law § 240 (1) (8 AD3d 88 [2004]), failed to adduce evidence responsive to defendants’ showing, based on plaintiffs deposition, that plaintiff returned to the same type of work he was doing at the time of the accident only four months after the…