POMARZYNSKI v. THE PARK SCHOOL

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff demonstrated a violation of defendant's nondelegable duty to ensure that the ladder was "so constructed, placed and operated as to give proper protection" to plaintiff (Labor Law § 240) and that the statutory violation was a proximate cause of plaintiff's injuries ( see, Melber v. 6333 Main St., 91 N.Y.2d 759, 762; Felker v. Corning Inc., 90 N.Y.2d 219, 224; Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513, 524, rearg denied 65 N.Y.2d 1054). Third-party defendant failed to submit any evidence in opposition to the motion and thus failed to raise a triable question of fact on the issue of proximate cause ( see, Adderly v. ADF Constr. Corp., 273 A.D.2d 795; see also, Griffin v. MWF Dev. Corp., 273 A.D.2d 907; cf., Weininger v. Hagedorn Co., 91 N.Y.2d 958, 960, rearg denied 92 N.Y.2d 875).