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DOUGLAS GRANILLO, Respondent, v. DONNA KAREN CO., Defendant and Third-Party Plaintiff, and RICHTER RATNER CONTRACTING CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. ALL CITY INTERIOR CONTRACTING, INC., Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff established the appellants' liability pursuant to Labor Law § 240 (1). The plaintiff demonstrated, prima facie, that he fell from an unsecured ladder, and that the failure to secure the ladder was the proximate cause of his injuries ( see Bland v. Manocherian, 66 NY2d 452; Schuler v. Kings Plaza Shopping Ctr. Mar., 294 AD2d 556, 558; Lacey v. Turner Constr. Co., 275 AD2d 734, 735; Skalko v. Marshall's Inc., 229 AD2d 569, 570). The appellants failed to raise a triable issue of fact in opposition ( see generally Zuckerman v. City of New York, 49 NY2d 557, 562).

The third-party defendant was entitled to summary judgment dismissing the third-party complaint. The third-party defendant established, prima facie, that the subject indemnification agreement was executed after the plaintiff's accident ( cf. Taylor v. Doral Inn, 5 AD3d 588, 589; Stabile v. Viener, 291 AD2d 395). In opposition, the appellants failed to raise a triable issue of fact ( see generally Zuckerman v. City of New York, supra).

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GRANILLO v. DONNA KAREN CO
(Apr 18, 2005)