Miro v Plaza Constr. Corp.

2007 NY Slip Op 07913 [9 NY3d 948]

October 23, 2007

Court of Appeals

As corrected through Wednesday, December 12, 2007

[*1]

Tom Miro et al., Appellants, v Plaza Construction Corp. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Decided October 23, 2007

Miro v Plaza Constr. Corp., 38 AD3d 454, modified.

APPEARANCES OF COUNSEL

Paul F. McAloon P.C., New York City (Paul F. McAloon of counsel), and Harry I. Katz, P.C., for appellants.

Barry McTiernan & Moore, New York City (Laurel A. Wedinger of counsel), for respondents.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by denying summary judgment to defendants as to the Labor Law § 240 (1) claim and, as so modified, affirmed, and certified question answered in the negative. Assuming that the ladder was unsafe, it is not clear from the record how easily a replacement ladder could have been procured.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.