Opinion
April 5, 1990
Appeal from the Supreme Court, New York County (William Davis, J.).
Labor Law § 240 (1) imposes absolute liability if it is determined that the owner or contractor failed to provide the safety devices required for proper worker protection (Bland v. Manocherian, 66 N.Y.2d 452). The record of the instant matter indicates that questions of fact exist concerning whether the subject ladder was defective and how the accident actually occurred. In that connection, summary judgment is unwarranted where a triable issue is in doubt or even arguable (Rotuba Extruders v. Ceppos, 46 N.Y.2d 223; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395).
Concur — Kupferman, J.P., Carro, Milonas, Wallach and Smith, JJ.