Opinion
September 29, 1995
Appeal from the Supreme Court, Erie County, Rath, Jr., J.
Present — Denman, P.J., Pine, Wesley, Balio and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs' cross motion for partial summary judgment on liability under Labor Law § 240 (1). James Golda (plaintiff) was installing a gas meter when he was injured; that activity constitutes an "alteration" of the premises within the meaning of the statute (Atwell v Mountain Ltd., 184 A.D.2d 1065; Dedario v New York Tel. Co., 162 A.D.2d 1001, 1003). Although there is no proof that the ladder plaintiff was using was defective, he fell while working at an elevated work site as a result of the absence of adequate safety devices, and thus was entitled to partial summary judgment on liability under the statute (see, Ellis v Hammond Irving, 217 A.D.2d 923).