Opinion
November 17, 1998
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
Whether the ladder on which plaintiff was working tipped as a result of plaintiff losing her balance when she lost control of the sheetrock she was handling, or, indeed, whether plaintiff fell off the ladder without it having tipped at all, are not material issues of fact. Plaintiff's negligence, if any, is of no consequence ( Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 513). Further, in this case, it is clear that the ladder did not prevent plaintiff from falling and there is no dispute that no safety devices, other than the ladder, were provided ( see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562; Guillory v. Nautilus Real Estate, 208 A.D.2d 336, 337-338, appeal dismissed and lv denied 86 N.Y.2d 881; Devlin v. Sony Corp., 237 A.D.2d 201).
Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.