Opinion
1248
September 4, 2003.
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered February 8, 2002, which denied plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law § 240(1), unanimously reversed, on the law, without costs, the motion granted and the matter remanded for further proceedings.
Alan M. Friedman, for plaintiffs-appellants.
Robert Ely Louis G. Adolfsen, for defendants-respondents.
Before: Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ.
Plaintiff was injured while he was engaged in the removal of an air conditioning unit from a ceiling attachment. Doing so required him to stand on a ladder and cut through four pin rods that secured the unit to the ceiling. In the course of plaintiff's task, the unit fell, knocking him and the unsecured ladder to the floor. The fact of the unsecured ladder (see Joblon v. Solow, 91 N.Y.2d 457) and the nature of the work (see Panek v. County of Albany, 99 N.Y.2d 452) bring plaintiff within the statutory protections afforded by Labor Law § 240(1).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.