Opinion
November 16, 1998
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.
The Supreme Court erred in granting the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 Lab. (1), as questions of fact exist as to whether (1) the safety device provided by the defendants was so placed as to give proper protection to the injured plaintiff, and (2) the injured plaintiff's own actions were the sole proximate cause of the accident ( see, George v. State of New York, 251 A.D.2d 541; Tsangalidis v. O.K.G. Professional Consultants, 243 A.D.2d 627; Vanerstrom v. Strasser, 240 A.D.2d 563).
Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.