Vic Prial and Tony Brighton won summary judgment dismissal of a Labor Law complaint brought by plaintiff plasterer and his wife alleging he sustained injuries at a construction site. After standing from a kneeling position, plaintiff stepped backward and fell/slid down a pitched roof. Plaintiff alleged back-related injuries and underwent a lumbar surgery. Prial and Brighton argued that, because there was no proof any injuries were attributable to any elevation differential, and without evidence of any equipment inadequacy, there was no viable Labor Law cause of action. Madison County Supreme Court Justice Patrick O’Sullivan dismissed the complaint in its entirety.