Marotta v. Lakeside Memorial Hospital, Inc.

Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action against defendant alleging a violation of Labor Law § 240 (1) and seeking damages for injuries sustained by plaintiff Bruno Marotta, Jr. when he allegedly fell approximately 12 feet from a stairway landing then under construction. Plaintiffs moved for partial summary judgment on the issue of liability and their motion was denied. We affirm.

A violation of subdivision (1) of section 240 of the Labor Law resulting in injuries justifies the imposition of absolute liability for those injuries (see, Haimes v New…