Humphrey v. Park View Fifth Avenue Associates LLC

Plaintiff established entitlement to judgment as a matter of *559law on the issue of liability on his Labor Law § 240 (1) claim. Plaintiff testified that he was injured when an aluminum beam fell from above him, struck the 18-foot long wooden stringer that he was carrying on his shoulder, and knocked him to the ground (see Agresti v Silverstein Props., Inc., 104 AD3d 409 [1st Dept 2013]). The fact that plaintiff did not see the beam hit the stringer or know where the beam fell from does not preclude partial summary judgment in his favor, as the testimony demonstrates that the beam came from…