| Picano v Rockefeller Ctr. N., Inc. |
| 2009 NY Slip Op 08949 [68 AD3d 425] |
| December 3, 2009 |
| Appellate Division, First Department |
| Corrado Picano et al., Respondents, v Rockefeller CenterNorth, Inc., et al., Appellants. (And a Third-Party Action.) |
—[*1] Faber & Troy, Woodbury (John S. White of counsel), for respondents.
Order, Supreme Court, New York County (Judith J. Gische, J.), entered October 20, 2008,which, insofar as appealed from as limited by the briefs, granted plaintiffs' motion for summaryjudgment on the issue of defendants' liability under Labor Law § 240 (1), unanimouslyaffirmed, without costs.
Given no dispute that no one was holding the ladder from which plaintiff fell when itsuddenly shifted or wobbled, and that no safety devices were provided to prevent the ladder fromslipping or plaintiff from falling if it did, it does not avail defendants to assert that the ladderitself was not defective (see Hernandezv Bethel United Methodist Church of N.Y., 49 AD3d 251, 252-253 [2008]; Rieger v 303 E. 37 Owners Corp., 49AD3d 347 [2008]), or that plaintiff himself was negligent in attempting to descend theladder with both hands full of materials and tools (see Aponte v City of New York, 55 AD3d 485 [2008]). We haveconsidered defendants' other arguments and find them to be unavailing.Concur—Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.