Opinion
325
February 27, 2003.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about September 25, 2001, which, to the extent appealed from, denied that branch of plaintiff's motion seeking summary judgment as to liability on his Labor Law § 240(1) claim, unanimously affirmed, without costs.
BRIAN J. ISAAC, for Plaintiff-Appellant.
EUGENE GUARNERI, for Defendants-Respondents.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Lerner, Marlow, JJ.
The court properly denied plaintiff summary judgment as to liability on his Labor Law 240(1) claim since the evidence submitted on the motion raises triable issues of fact as to whether plaintiff's fall and injury were attributable in some measure to the inadequacy of the ladder as a safety device for his work (see Grogan v. Norlite Corp., 282 A.D.2d 781;Weber v. 1111 Park Ave. Realty Corp., 253 A.D.2d 376).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.