Opinion
December 28, 1992
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the cross motion is granted.
The unrefuted testimony of the plaintiff and his partner was that while repairing a recently installed window on the fifth floor of an apartment building, the plaintiff slipped on construction debris which had accumulated on the outer window ledge, and fell to the ground. It was also undisputed that no safety devices were provided which might have prevented the accident. Since this lack of safety devices was demonstrated to have been a proximate cause of the plaintiff's injuries, the trial court should have granted summary judgment to the plaintiff on the issue of liability (see, Labor Law § 240; Bland v Manocherian, 66 N.Y.2d 452, 459-460; Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 521-523; Ferrari v Niasher Realty, 175 A.D.2d 591; Terry v Young Men's Hebrew Assn., 168 A.D.2d 399, affd 78 N.Y.2d 978). None of the defendants' assertions concerning the plaintiff's contributory negligence, including his use of marihuana on the afternoon in question, can be interposed as a defense to a claim of liability under Labor Law § 240 (1) (see, Bland v Manocherian, supra, at 460; Zimmer v Chemung County Performing Arts, supra, at 521-522; Tate v Clancy-Cullen Stor. Co., 171 A.D.2d 292, 296). Thompson, J.P., Bracken, Lawrence and Miller, JJ., concur.