Plaintiff Pryzborowski, a 59 year old construction worker, fell while descending an allegedly unstable ladder at a site undergoing renovations, striking his head. He was hospitalized for nine days for diagnosis and treatment of a large subgaleal hemotoma, and subdural and subarachnoid hemorrhages. Plaintiff claimed total disability from employment as a result of his traumatic brain injury, with continuing complaints of dizziness, vertigo, headaches, and sued the premises owner, A&M, under Labor Law Sections 200, 240 and 241(6). Owner impleaded Plaintiff's employer, claiming a "Grave Injury". On SJ motions, the Court – considering Third-party Defendant's favorable vocational and neuropsychiatric expert opinions, and noting MRI reports showing the brain bleeds diminished over time – dismissed the third-party action, finding Plaintiff had not sustained a "Grave Injury". The Court also dismissed the Complaint finding plaintiff's failure to use the ladder correctly – when a safe stairway was nearby – was the "sole proximate cause" of his fall. Steven O'Connor and Alak Shah wrote the motion for the Firm's client, Third-party Defendant employer PSG Construction.