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ROBERT BOE et al., Respondents, v. ALBERT GAMMARATI, JR., et al., Appellants. (And a Third-Party Action.).

Ordered that the order is affirmed, with costs.

The injured plaintiff established his prima facie entitlement to judgment as a matter of law on the cause of action alleging a violation of Labor Law § 240 (1) by submitting evidence that he fell while descending an unsecured ladder which twisted, lost contact with the wall, and slipped out from underneath him ( see Chlap v. 43rd St.-Second Ave. Corp., 18 AD3d 598; Granillo v. Donna Karen Co., 17 AD3d 531, lv dismissed in part and denied in part 5 NY3d 878; Loreto v. 376 St. Johns Condominium, Inc., 15 AD3d 454; Guzman v. Gumley-Haft, Inc., 274 AD2d 555; Madden v. Trustees of Duryea Presbyt. Church, 210 AD2d 382). In opposition, the defendants failed to raise a triable issue of fact as to whether the injured plaintiff's own actions were the sole proximate cause of the accident ( see Chlap v. 43rd St.-Second Ave. Corp., supra; Velasco v. Green-Wood Cemetery, 8 AD3d 88).

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BOE v. GAMMARATI
(Feb 14, 2006)