CAJAMARCA v. INTERCONEX, INC

ORDERED that the order is affirmed, with costs.

The plaintiff Efrain Cajamarca (hereinafter the injured plaintiff) allegedly sustained injuries when he fell from a scaffold while working at the defendant's property. The plaintiffs contend that the defendant violated Labor Law § 240(1) by failing to provide the injured plaintiff with proper protection.

To prevail on a cause of action under Labor Law § 240(1), a party must establish a violation of the statute, and that such violation was a proximate cause of his or her injuries ( see Tylman v. School Constr. Auth., 3 A.D.3d 488; Aslam v. Weiss, 308 A.D.2d 426). The Supreme Court properly denied the plaintiffs' motion for summary judgment since there is an issue of fact as to how the accident occurred ( see Aslam v. Weiss, supra).

The plaintiffs' remaining contention is without merit.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.