Opinion
Argued March 16, 2000.
April 24, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County (Posner, J.), entered December 23, 1998, as, upon the granting of the defendant's motion to dismiss the Labor Law § 241 Lab.(6) cause of action and upon a jury verdict in favor of the defendant on the remaining causes of action, dismissed the complaint.
Norman S. Goldsmith, Brooklyn, N.Y., for appellants.
Fiedelman McGaw, Jericho, N.Y. (Andrew Zajac of counsel), for defendant third-party plaintiff-respondent.
Newman Fitch Altheim Myers, P.C., New York, N.Y. (Harry Steinberg of counsel), for third-party defendant-respondent.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly dismissed the plaintiffs' Labor Law § 241(6) cause of action (see, Thompson v. Ludovico, 246 A.D.2d 642, 643 ). Moreover, the Supreme Court did not err when it presented the jury with an interrogatory that asked them to find whether a ladder was immediately available to the injured plaintiff (see,McGrath v. Baranello Sons, 107 A.D.2d 675 ). The jury verdict was not against the weight of the evidence (see, Nicastro v. Park, 113 A.D.2d 129 ).