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GARDNER v. NEW YORK CITY TRANSIT AUTHORITY

282 A.D.2d 430 (2001)

723 N.Y.S.2d 204

ROBERT V. GARDNER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 2, 2001.

Ordered that the order is affirmed, with costs.

It is well settled that to establish a prima facie violation of Labor Law § 240 (1) a plaintiff must establish that "the statute was violated and that this violation was a proximate cause of his or her injuries" (Sprague v Peckham Materials Corp., 240 A.D.2d 392, 393). The evidence submitted by the plaintiff on his motion for summary judgment established a violation of...

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