Opinion
2002-10544
Submitted May 22, 2003.
September 8, 2003.
In an action to recover damages for personal injuries, the defendant, Harbor Cove Associates, appeals from so much of an order of the Supreme Court, Suffolk County (Klein, J.), dated September 3, 2002, as granted the plaintiff's cross motion for summary judgment on the issue of liability pursuant to Labor Law § 240(1).
O'Connor, O'Connor, Hintz Deveney, Melville, N.Y. (Michael T. Reagan of counsel), for appellant.
Siben Ferber, LLP, Hauppauge, N.Y. (Leonard G. Kapsalis of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.
The Supreme Court erred in granting the plaintiff's cross motion for summary judgment in connection with the plaintiff's cause of action pursuant to Labor Law § 240(1). Where an employee is injured in a fall from a ladder, which is not otherwise shown to be defective, the issue of whether the ladder provided the employee with the proper protection required under this statute is a question of fact for the jury (see Chan v. Bed Bath Beyond, 284 A.D.2d 290; Benefield v. Halmar Corp., 264 A.D.2d 794; Rice v. PCM Dev. Agency Co., 230 A.D.2d 898).
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.