Opinion
2002-10180
Argued May 9, 2003.
June 9, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated October 2, 2002, which denied his motion for summary judgment on the issue of liability on his cause of action based upon Labor Law § 240(1).
Richard M. Bronstein, Central Islip, N.Y., for appellant.
Hammill, O'Brien, Croutier, Dempsey Pender, P.C., Smithtown, N.Y. (Michael J. Pender and Antoine Piotroski of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for summary judgment on his Labor Law § 240(1) cause of action. In support of the motion, the plaintiff submitted evidence that in the course of performing roof repairs, he fell from an interior pull-down stairway which had been installed to provide workers with access to the roof of the building. Contrary to the defendant's contention, "the fact that [it] was permanently installed, rather than a temporary apparatus, is irrelevant" (Ciraolo v. Melville Ct. Assocs., 221 A.D.2d 582, 583; see Spiteri v. Chatwal Hotels, 247 A.D.2d 297). However, questions of fact exist as to whether the pull-down stairway provided proper protection, and whether the plaintiff should have been provided with additional safety devices (see Olberding v. Dixie Contr., 302 A.D.2d 574; Tersigni v. City of New York, 300 A.D.2d 389).
SANTUCCI, J.P., FRIEDMANN, MASTRO and RIVERA, JJ., concur.